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of December next; and at the town of Jackson, in the county of Cape Girardeau, on the third Monday of April next; he shall appoint his own clerks; and, after the first and each of the said sessions, he shall thereafter sit, upon his own adjournments, at the places aforesaid, until all the business before him shall be completed, or the time limited by this act shall have expired, of which said adjournments, and the time of holding the special sessions aforesaid, public notice shall be given at each of the places aforesaid, and at such other places in the state of Missouri as he shall direct: Provided, That, at either of the places aforesaid, the court may take cognizance and jurisdiction of any claim within the limits of the the state: Provided, moreover, That if there should be any person defending against the confirmation of such claim, in such case the the trial, in case he shall request the same, shall be had at that place nearest the residence of such person defending against such confirmation: Provided, that none of the provisions of this act shall be applied to a claim of the representatives or assignees of Jaques Clamorgan, deceased, lying between the Missouri and Mississippi rivers, and covering parts of the countries of St. Charles and Lincoln in the state of Missouri.
Sec. 13. And be it further enacted, That the district judge for the state of Missouri shall, while in the discharge of the duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to his salary of district judge for the state of Missouri, which shall be in full for his services.
Sec. 14. And be it further enacted, That all the provisions of this act, shall extend to and be applicable to the territory of Arkansas ; and for the purpose of finally settling and adjusting the titles and claims to lands derived from the French and Spanish governments, respectively, the superior court for the territory of Arkansas shall have, hold and exercise, jurisdiction in all cases, in the same manner and under the same restrictions and regulations, in all respects, as by this act is given to the district court for the state of Missouri; and the judges of the superior court, clerk of the said court, marshal, and district attorney of ihe United States, for the said territory, shall
, severally, perform the same duties and have the same powers, in relation to the claims to land presented, and prosecuted in said court, in the territory of Arkansas, as is herein provided with regard to the titles and claims to land presented and prosecuted in the district court for the state of Missouri; and the judges of said superior court, the clerk, marshal, and district attorney, shall each, severally, receive the same fees, emoluments, and compensation, for their services, as is in this act provided in regard to the district judge,
*391 ] clerk, marshal, and district attorney, in * the state of Missouri; and the said court shall commence its first session on the first Monday in October next, at Little Rock, in the territory of Arkansas; and, afterwards, shall sit, upon its own adjournments, at the place aforesaid, until all the business before it shall be completed, or the time limited by this act shall have expired; of which public
notice shall be given, as is provided in this act in relation to the district court of the state of Missouri: Provided, that in all cases of a decree against the United States for a greater quantity of land than five hundred acres, in the superior court of Arkansas, it shall be the duty of the attorney of the United States to transmit to the attorney general of the United States, so soon as may be, a like statement of the facts and points of law in the case as is required of the district attorney of Missouri; and the same right of appeal from the decisions of the court of Arkansas shall be allowed to each party that are prescribed in relation to the decisions in the district court of Missouri.
Sec. 15. And be it further enacted, That none of the provisions of the fourteenth section shall extend to claims of a larger amount than one league square. [Approved, May 26, 1824.]
* CHAP. 367.-An act to continue in force, for a limited time, and to amend an act [ *442 )
entitled “ An act to enable claimants to lands within the limits of the state of Missouri and territory of Arkansas to institute proceedings to try the validity of their claims."
Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, "That the act approved the twenty-sixth of May, eighteen hundred and twenty-four, entitled “ an act to enable claimants to lands within the limits of the state of Missouri and territory of Arkansas to institute proceedings to try the validity of their claims,” shall be, and the same hereby is, continued in force—that is to say, for the purpose of filing petitions in the manner prescribed by that act—to and until the twenty-sixth day of May, in the year one thousand eight hundred and twentynine, and for the purpose of enabling the claimants to obtain a final decision on the validity of their claims in the courts of Missouri and Arkansas, respectively; the said claims having been exhibited within the time above specified; the said act shall be continued in force to and until the twenty-sixth day of May, in the year + one thousand eight hundred and thirty, and no longer; [ *443 ] and the court having cognizance of said claims shall decide upon and confirm such as would have been confirmed under the laws, usages, and customs, of the Spanish government, for two years from and after the twenty-sixth day of May one thousand eight hundred and twenty-eight; and all the claims authorized by that act to be heard and decided shall be ratified and confirmed to the same extent that the same would be valid if the country in which thcy lie had remained under the dominion of the sovereign in which said claims originated.
Sec. 2. And be it further enacted, That so much of the said act as subjects the claimants to payment of costs in any case where the decision may be in favour of their claims, be and the same is hereby, repealed, and the costs shall abide the decision of
the cause as in ordinary causes before the said court; and so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. And the confirmation had by virtue of said act, and the patents issued thereon, shall operate only as relinquishment of title on the"part of the United States, and shall in no wise affect the right or title, either in law or equity, of adverse claimants of the same land.
Sec. 3. And be it further enacted, That where any claim founded or concession, warrant, or order of survey, shall be adjudged against and rejected, the claimant, or his legal representatives, by descent or purchase, being actually inhabitants and cultivators of the soil the claims to which shall have been rejected, shall have the right of pre-emption, at the minimum price of the public lands, so soon as the land shall be surveyed and subdivided by the United States, of the quarter section on which the same shall be situate, and so much of every other quarter section which contains any part of the improvement as shall be within the limits of the rejected claims. [Approved, May 24, 1828.]
[ *557 ] * CHAP. 506.—An act confirming claims to land in the state of Missouri, and
for other purposes.
Sec. 1. Be it enacted, by the Senate and House of Representatives of the United States of Americu, in Congress assembled, That the decisions in favour of land claimants, made by the recorder of land titles in the state of Missouri, and the two commissioners associated with him by virtue of an act entitled " An act for the final adjustment of private land claims in Missouri," approved July ninth, eighteen hundred and thirty-two, and an act supplemental thereto, approved March second, eighteen hundred and thirty-three, as entered in the transcript of decisions transmitted by the said recorder and commissioners to the commissioner of the general land office, and by hiin laid before congress at the two last and present sessions, be, and the same are hereby, confirmed, saving and reserving, however, to all adverse claimants, the right to assert the validity of their claims in a court or courts of justice : Provided, That nothing in this act contained shall apply to, or be in confirmation of the claim of Don Carlos D. Vilemont, for a tract of land at Point Chicot : And provided, also, That nothing in this act contained shall apply to, or be in confirmation of the following claims, to wit: Manuel Liza, six thousand arpents; J. Coontz, and Hempstead, four hundred and fifty arpents; Matthew Saucier, one thousand two hundrede arpents ; Charles Tayon, one thousand six hundred arpents; sons of Joseph M. Pepen, five thousand six hundred arpents ; Louis Lorimiere, thirty thousand arpents; Bartholomew
Cousin, ten thousand arpents; Manuel Gonzales Moro, eight hundred arpents; Seneca "Rollins, four hundred arpents; William Long, four hundred arpents; James Journey, four hundred arpents; Joachim Lisa, six thousand arpents; François Lacomb, four hundred arpents; Israel Dodge, seven thousand fifty-six arpents; Andrew Chevalier, four hundred arpents; Joseph Silvain, two hundred and fifty arpents; John P. Cabauis, two thousand arpents; William Hartly, six hundred and fifty arpents; William Morrison, seven hundred and fifty arpents; Solomon Bellew, three hundred and fifty arpents; Paschal Detchemendez, seven thousand fifty-six arpents; Baptiste Aunure, two hundred and forty arpents; Alexander Maurice, four hundred arpents; Jean Baptiste Valle, twenty thousand arpents; Israel Dodge, one thousand arpents; Walter Fenwick, ten thousand arpents; John Smith, T., ten thousand arpents; and Mackey Wherry, sixteen hundred arpents.
Sec. 2. And be it further enacted, That if it shall be [ *558 ] found that any tract or tracts confirmed as aforesaid, or any part thereof, had been previously located by any other person or persons under any law of the United States, or had been surveyed and sold by the United States, this act shall confer no title to such lands in opposition to the rights acquired by such location or purchase; but the individual or individuals whose claims are hereby confirmed shall be permitted to locate so much thereof as interferes with such location or purchase, on any unappropriated land of the United States within the state of Missouri, or territory of Arkansas, in whichsoever the original claim may be, that may be subject to entry at private sale: Provided, That such location shall conform to legal divisions and subdivisions, and shall not interfere with the rights of other persons.
Sec. 3. And be it further enacted, That the locations authorized by this act shall be entered with the register of the proper land office, who shall on application for that purpose, make out for such claimant a certificate of location, which, with the certificate of confirmation, shall be transmitted to the commissioner of the general land office; and if it shall appear to the satisfaction of the said commissioner that such certificate shall have been fairly obtained, according to the true intent and meaning of this act and the laws of the United States, then, and in that case, patents shall be granted in like manner as is provided by law for the other lands of the United States. And for each certificate of location to be issued as aforesaid, the register shall be entitled to receive from the person applying therefor, the sum of one dollar. (Approved, July 4th, 1836.]
LAWS OF UNITED STATES
LAND TITLES IN FLORIDA. +
[ *354 ] * CHAP. 274.-An act for ascertaining claims and titles to land within the
territory of Florida.
Sect. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of ascertaining the claims and titles to lands within the territory of Florida, as acquired by the treaty of the twenty-second of February, one thousand eight hundred and nineteen, there shall • be appointed, by the president of the United States, by and with the
advice and consent of the senate, three commissioners, who shall receive, as compensation for the duties enjoined by the provisions of this act, two thousand dollars each, to be paid quarterly, from the treasury; who shall open an office for the adjudication of claims, at Pensacola, in the territory of West Florida, and St. Augustine, in East Florida, under the rules, regulations, and conditions, hereinafter prescribed.
SEC. 2. And be it further enacted, That it shall be the of said commissioners to appoint a suitable and well qualified secretary, who shall record, in a well bound book, all and every their acts and proceedings, the claims admitted, with those rejected, and the reason of their admission or rejection. He shall receive, as a [ *355 ) compensation for his services, * one thousand two hundred and fifty dollars, to be paid quarterly from the treasury. be acquainted with the Spanish language; and before entering on a discharge of the duties of his office, shall take and subscribe an oath, before some authority competent to administer it, that he will well and truly and faithfully discharge the duties assigned him, and translate all papers that may be required of him by the commissioners.
+ The * folios refer to the pages in the Land Laws, printed by order of the Senate.