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all matters respecting such claims, to compel the attendance of witnesses, to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity. Minutes of the proceedings, decisions, meetings, and adjournments of the board, shall be regularly entered by the register, in a book to he kept for that purpose, together with the evidence on which such decisions are made, unless such evidence has already been entered according to law, in the book or books of minutes, kept by the commissioners appoint. ed under former acts, to investigate the claims to land

in the district of Detroit. And when it shall appear Lands to be to the said commissioners that the claimant is entitled surveyed, &c. to a tract of land by virtue of this act, they shall give a certificate thereof, stating the circumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land, by virtue of this act; which tract shall be surveyed in conformity with the decision of the commissioners, at the expense of the party, and under the direction of the surveyor gene- By whom. ral, by such of his assistants residing in the territory of Michigan, as the said surveyor general shall appoint for that purpose: Provided, That the whole expense Proviso. of surveying and marking the lines, shall not exceed three dollars for every mile that shall be actually run, surveyed or marked. The surveyor general shall General and transmit to the register of the land office at Detroit, particular general and particular plots of all the lands surveyed plots to be as aforesaid, and shall also forward copies of the said su surveyor gen. plots to the secretary of the treasury. The commis- to the register sioners shall transmit to the secretary of the treasury of land office at Detroit, a transcript of their decisions in favor of claimants, and copies which shall contain a fair statement of the evidence also to secreon which each respective claim is founded, and shall tary of treabe signed by the said commissioners, and shall state Transcripts the names of the parties in whose favor the certificates of commishave been granted, the number of acres granted and sioners' decithe situation of the land. And the certificate and sions to be certificates granted as aforesaid, by the commission- warded to ers, being duly entered with the register of the land secretary of office of Detroit, prior to the first day of January, treasury. one thousand eight hundred and nine, shall entitle the party or parties, as soon as the plot or plots

sent by the

likewise for

Certificates

of commis.

sioners to

give titles to

land, &c. Fees to be

paid for cer

tificates.

Powers of commission

ers not ex

in town of

aforesaid, shall have been transmitted to the said register, to receive from him a certificate or certificates, for each of which certificates the register shall receive one dollar, directed to the secreta. ry of the treasury; and if it shall appear to the satisfaction of the said secretary, that such certificates have been fairly obtained according to the true intent and meaning of this act, then and in that case, patents shall issue, in like manner as is provided by law, for the other lands of the United States.

Sec. 4. The powers vested by this act in the commissioners abovementioned, shall not extend to lots tended to lots in the town of Detroit, the claims to which shall be ascertained and decided upon, in the manner proHow claims vided by the act, entitled "An act to provide for the adjustment of titles of land in the town of Detroit and territory of Michigan, and for other purposes."

Detroit.

to such lots

are to be decided upon. Compensa tion to secre

tary of Michigan, for ser

vices under this act.

Out of what

fund to be paid.

X. 67.

25th April, 1808.

Claimants to land in the

Michigan territory, where the In

cian title has

been extin

guished, allowed until the first of

Jan. next; to

state their claims, &c.

Sec. 5. The secretary of the territory of Michi. gan shall be entitled to receive five hundred dollars, in full for all the services rendered by him under this act, to be paid out of the sums which have been, or may be appropriated for carrying into effect the several laws enacted for the disposal of public lands, and for the adjustment of claims in the Indiana or Michigan

territories.

Sec. 1. 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 writ ing, stating the nature and extent of his claims, to

* Viz: The preceding act of 21st April, 1806.

gether 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 same 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 rela tion to the claims therein described.

Persons whose claims are establish

Sec. 2. 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 ed entitled to not exceeding in depth forty arpens, French measure, a preference shall be entitled to a preference in becoming the pur. in becoming the purchachaser of any vacant tract of land adjacent to, and sers of the back of his own tract, not exceeding forty arpens, contiguous French measure, in depth, nor in quantity of land vacant lands. 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 Regulations is hereby authorised, as soon as may be, to cause to respecting be surveyed, the tracts claimed by virtue of this sec- the purchase and surveying tion; and in all cases where, by reason of bends in the of such adjasaid river, and of adjacent prior or pre-emption claims, cent landa. 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. 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, onetwentieth 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 no

Pre-emption right secured

to actual settlers.

Repeal of part of a

former act.

tice, and make such deposit and payment, at the times abovementioned, his right of pre-emption shall cease and become void.

Sec. 3. 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, 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 situ ation and extent of the tract of land he wishes to purchase. The commissioners aforesaid are hereby au thorised 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 time abovementioned, his right of pre-emption shall cease and become void.

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.

Viz: The act of third March, 180.

1806.

kias, to be

Sec. 1. The registers and receivers of public mo- IX. 40. nies of the districts of Vincennes and Kaskaskias, re21st April, spectively, are hereby authorised and empowered, Tracts in under the direction of the secretary of the treasury, Vincennes to lay out one or more tracts of land, in their respec- and Kaskas: tive districts, for the purpose of locating therein, laid out for tracts of land granted by virtue of any legal French locating or British grants, or of any resolution or act of Con- French and gress: Provided, That the tracts thus laid out, shall be, whenever practicable, adjoining the tracts, which, Proviso. in conformity with former laws, had been laid out for similar purposes, by the governors of the northwest or Indiana territories; and the tracts thus laid out shall not be otherwise disposed of, unless by order of Congress.

British

grants, &c.

Resolution

warrants not

Sec. 2. Any person or persons entitled to grants of land by virtue of any former resolution or act of specific how Congress, which are not specifically designated in the to be located. patents issued by the governors aforesaid, or which have not yet been located, shall have a right to locate the same in the tract or tracts, to be laid out in each district, respectively, by virtue of the preceding sec tion; the priority of such locations shall be determined by lot, in presence of the register of the land office, with whom the location shall be entered: and the surveyor general shall cause the same to be surveyed at the expense of the parties: Provided, That all the Proviso. lands thus located, shall, in each tract laid out for that purpose, be laid out in a body, without leaving any intervals of vacant land, and shall each be surveyed in the form of a square or of a parallelogram, the length of which shall not exceed three times its breadth. Sec. 5. The registers and receivers aforesaid shall Registers and complete and transmit their reports to the secretary public monies of the treasury before the first day of December next. to transmit Each of the said officers shall be allowed an addition- reports to the secretary of

receivers of

al compensation of five hundred dollars; and each of the treasury the clerks of the respective boards shall be allowed an by what time. additional compensation of two hundred and fifty dol. Additional lars, in full for his services, as such, in relation to compensation

such claims.

to them.

Sec. 1. All the decisions made by the commis. IX. 92. sioners appointed for the purpose of examining the

3d March,

1807.

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