United States Statutes at Large/Volume 5/28th Congress/2nd Session/Chapter 46
Chap. XLVI.—An Act to confirm the survey and location of claims for lands in the State of Mississippi, east of the Pearl river, and south of thirty-first degree of north latitude.
1848, ch. 122.
Certain surveys confirmed as actually made.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all surveys and plats of confirmed claims and settlement rights for lands situate in the State of Mississippi, east of Pearl river, and south of thirty-first degree of north latitude, which had been made and returned to the surveyor general’s office south of Tennessee on or before the first day of January, one thousand eight hundred and thirty-nine, shall be, and are hereby, confirmed, as actually surveyed on the ground; and the said surveyor general is hereby authorized and directed,Surveyor General to certify the return and plat of survey to the register and receiver for the Augusta district.
Register and receiver to give a certificate, &c. on the request of any party interested in any such claim, to certify the return and plat of such actual survey, so remaining in his office, to the register and receiver for lands in the Augusta district, in said State, who are hereby directed to receive and regard said surveys, plats, and location of the claims they represent, as correctly made; and the said register and receiver shall thereupon issue, in the name of the confirmee of the claim a patent certificate for each claim; which certificate, being first duly recorded in the said register’s office, shall be delivered to such person as is entitled to represent the claim, and which, being presented to the General Land Office at Washington, shall entitle the party interested to a patent therefor: Provided,Proviso. That any claimant to a tract of land so surveyed and platted as aforesaid, who shall, within one year from the passage of this act, file, 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 [1] after proper notice to the party interested; and, after 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:Further proviso. Provided, also, That all actual 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 to 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.
Re-surveys to be executed under direction of surveyor south of Tennessee.
Expenses of survey.Sec. 2. And be it further enacted, That all re-surveys which may be ordered by virtue of this act shall be executed under the direction of the surveyor south of Tennessee, subject to orders from the General Land Office; and all services which shall be rendered in execution of this act shall be audited, charged, and paid for, as similar services were required to be by former laws and regulations in reference to similar claims.
Surveyor to issue a warrant for deficiencies in a resurvey.Sec. 3. And be it further enacted, That when, in any case it shall appear to the surveyor general that the survey of any claim hereby confirmed is deficient in the quantity of land confirmed to the claimant, by a number of acres equal in the quantity of land confirmed to the claimant, by 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.
Conflicting claims to be decided under existing laws.Sec. 4. And be it further enacted, That this act shall not be construed as aiding the title survey or location of any claim, to the prejudice of any other claims with which its pretensions and location may conflict; but all such conflicting rights and locations shall remain subject to existing laws:Proviso. Provided, however, That in any such case of conflict, in 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.
Confirmation or evidence of title issued in name of original claimants, to inure to the benefit of persons entitled.Sec. 5. And be it further enacted, That all confirmation and evidence of title which shall be made or issued in the name of the original claimant or confirmee, by virtue of this act, shall inure to the use and benefit of those who may be jointly or severally entitled to the lands in the several claims referred to, either by descent or purchase, as if such persons were specially named therein.
Approved, March 3, 1845.
- ↑ It is “and” in the original, but probably a mistake.