VII. 1S. 30th March, 1802. Penalty for settling on, surveying or marking the lands of In dians. (8) Provisions enacted subsequent to the gear 1800, to prevent Intrusions on the Public Lands. Sec. 5. If any such citizen, or other person, shall make a settlement on any lands belonging, or secured or granted by treaty with the United States, to any Indian tribe, or shall survey, or attempt to survey, such lands, or designate any of the boundaries, by marking trees, or otherwise, such offender shall forfeit a sum not exceeding one thousand dollars, and suffer imprisonment, not exceeding twelve months. And it shall, moreover, be lawful for the President of the United States to take such measures, and to employ such military force, as he may judge necessary, to remove from lands, belonging or secuforce may be red by treaty, as aforesaid, to any Indian tribe, any such citizen, or other person, who has made, or shall hereafter make, or attempt to make, a settlement thereon. Military employed to remove intruders. IX. 91. 3d March, 1807. Any person, whose title is not recog Sec. 1. If any person or persons shall, after the passing of this act, take possession of, or make a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, nized, taking which lands shall not have been previously sold, cedpossession, ed or leased by the United States, or the claim to surveying, &c. which lands, by such person or persons, shall not after the pas- have been previously recognised and confirmed by act, lands of the United States; or if any person or persons shall the U. States, cause such lands to be thus occupied, taken posses sing of this shall forfeit all his sion of, or settled; or shall survey or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorised by law, such offender or offenders, shall forfeit all his or their right title and right, title and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or caused to be claim. * Resident in the United States or territories thereof. And may be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall have designated, or cause to be designated, by marking trees or otherwise. And it removed by shall moreover be lawful for the President of the U-the marshal nited States, to direct the marshal, or officer acting or by militaas marshal, in the manner herein after directed, and ry force. also to take such other measures, and to employ such military force as he may judge necessary and proper to remove from lands ceded, or secured to the United States, by treaty or cession, as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make a settlement thereon, until thereunto authorised by law. And Forfeitures every right, title, or claim, forfeited under this act, enure to the shall be taken and deemed to be vested in the United benefit of the States, without any other or further proceedings: U. States. Provided, That nothing herein contained shall be con- Saving of strued to affect the right, title, or claim, of any per- Orleans or son to lands in the territories of Orleans or Louisia- Louisiana na, before the boards of commissioners established until the by the act, entitled "An act for ascertaining and commis adjusting the titles and claims to land within the ter- have reportritory of Orleans and the district of Louisiana," shall ed, and Conhave made their reports and the decision of Congress gress decided been had thereon. forfeitures in sioners shall thereon, lers before as tenants at Sec. 2. Any person or persons who, before the Actual setpassing of this act, had taken possession of, occupied, the passing of or made a settlement on any lands ceded or secured this act may to the United States, by any treaty made with a fo. hold under the reign nation, or by a cession from any state to the U. United States nited States, which lands had not been previously sold, will, under ceded or leased by the United States, or the claim permissions to which lands had not been previously recognised from the of and confirmed by the United States; and who at the land offices. time of passing this act does or do actually inhabit and reside on such lands, may at any time prior to the first day of January next, apply to the proper register or recorder, as the case may be, of the land office established for the disposal, registering, or recording of such lands, or to such person or persons as * VIII. C. 86th ch. 2d March, 1805. ficers of the may by such registers or recorders respectively, be appointed for the purpose of receiving such applica tions, stating the tract or tracts of land thus occupi ed, settled and inhabited by such applicant or appli cants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register or recorder respectively to permit, in conformity with such instructions as may be given by the secretary of the treasury, with the approbation of the President of the United States, for that purpose, such applicant or applicants to remain on such tract or tracts of land, For tracts not not exceeding three hundred and twenty acres for exceeding each applicant, as tenants at will, on such terms and 320 acres. conditions as shall prevent any waste or damages on such lands, and on the express condition that such applicant or applicants shall, whenever such tract or tracts of land may be sold, or ceded by the United States, or whenever for any other cause, he or they may be required under the authority of the United On condition States, so to do, give quiet possession of such tract of giving or tracts of land, to the purchaser or purchasers, or remove altogether from the land, as the case may be! Provided however, That such permission shall not be granted to any such applicant, unless he shall previ. claim to the ously sign a declaration, stating that he does not lay any claim to such tract or tracts of land, and that he does not occupy the same, by virtue of any claim or pretended claim, derived or pretended to be derived from any other person or persons: And provided also, That in all cases where the tract of land applied for, includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States, who is hereby authorised to cause such mines or springs to be leased for a term not exceeding three years, and on such conditions as he shall think pro. per. quiet possession when required. And of re nouncing any land. Permission to work lead mines or salt springs to be approved by President who may lease the same. Applications ceding sec tered on Sec. 3. All the applications made, and provisions under the pre- granted by virtue of the last [preceding] section, tion to be en- shall be duly entered on books to be kept for that pur pose, by the registers and recorders aforesaid respectively; and they shall be entitled to receive from the party for each application, fifty cents, and for each permission, one dollar. books, &c. under instruc tions from lers without Sec. 4. It shall be lawful after the first day of Ja- Marshals, &c. nuary next, for the proper marshal, or officer acting authorised, as marshal, under such instructions as may for that purpose be given by the President of the United the President States, to remove from the lands aforesaid, any and to oust setevery person or persons, who shall be found on permission. the same, and who shall not have obtained permission to remain thereon as aforesaid: Provided, That Notice therethree months previous notice shall be given to all of to be given such person or persons, as aforesaid, who were sett- to setlers. led on such lands prior to the passing of this act. Penalties for And every such person, who shall at any keeping postime after session after the expiration of three months after such notice shall notice. have been given, be found on any part of the lands aforesaid, shall moreover incur a penalty of one hundred dollars, to be recovered in any court having jurisdiction of the same, and be moreover liable, on conviction, to imprisonment, at the discretion. of the court, not exceeding six months; and the certificate of the proper register, or recorder, shall be a sufficient evidence that the tract of land which was occupi- Certificate of ed by the offender had not been previously sold, lea- register or sed, or ceded by the United States, that the claim recorder to be to such tract had not been recognised and confirmed unlawful posby the United States, and that the person occupying session. the same, and removed, or to be removed, by the marshal, had not obtained permission to remain thereon in conformity with the provisions of this act: Pro- Provisions vided always, That nothing in this section contained, tion not to shall be construed to apply to any person claiming extend to cerlands in the territories of Orleans or Louisiana, whose tain claimants claim shall have been filed with the proper commis- in Orleans sioners before the first day of January next. evidence of of this sec & Louisiana. SECTION 2. DONATIONS. (1) Military Bounties. grant. Resolved, That Congress make provision for ing lands in the following proportions, to the officers and soldiers who shall so engage in the service, and Resolution 16th September, 1776. Faith of Con- continue therein to the close of the war, or until disgress pledged charged by Congress, and to the representatives of ties to officers such officers and soldiers as shall be slain by the eneand soldiers. my. for land boun Rates of bounty. Such lands to be provided by the United States, and whatever expense shall be necessary to procure such land, the said expense shall be paid and borne by the States in the same proportion as the other expenses of the war, viz: To a colonel, To a lieutenant colonel, Resolution ber, 1776. To a lieutenant, To an ensign, Each non-commissioned officer and soldier, 100. The bounty and grants of land offered by Congress 18th Septem- by a resolution of the 16th instant, as an encourageResolution of ment to the officers and soldiers to engage to serve in the 16th made the army of the United States, during the war, shall retrospective. extend to all who are, or shall be enlisted for that Resolution term. Congress will not grant lands to any person or per20th Septem- sons claiming under the assignment of an officer or ber, 1776. soldier.* cers. Resolution The provision for granting lands, by the resolution of September 16, 1776, be and is hereby extended to the general officers, in the following proportion: To a major general, 1100 acres. 850 do. The several officers whose pay is established as above,† (except the stewards and ward-masters) shall, at the end of the war, be entitled to a certain proviLand allowed sion of land, in the proportion following, viz: 30th September, 1780. to hospital and medical staff. The director to have the same quantity as a briga. dier general. Chief physician and purveyor; the same as a colonel. But it is directed by the ordinance of 9th July, 1788, that the secretary of war issue warrants for said lands to the officers and soldiers, or to their assigns or legal representatives. † Viz: Those belonging to the medical and hospital staff. |