is repealed: Provided, That no certificate shall be Proviso. granted for any lands to which the Indian title has

not been extinguished.

the treasury

Sec. 9. The commissioners appointed in pursuance Report to be of the act aforesaid, are hereby authorised and re- made to the quired to make, on or before the first day of Decem- secretary of ber next, a full report to the secretary of the treasury, in cases of of all claims that have been, or may be laid before claims by them, for lands held by warrant of survey and im- minors. provement, in cases where the claimants were minors, and not heads of families, at the time such warrants were issued, with the circumstances which occasioned the issuing of such warrants, and the validity which has been considered as attached to the same.

which this is

Sec. 11. And be it further enacted, That the execution Part of the of so much of the twelfth section of the act* to which 12th section of the act to this is a supplement, as excepts "such town lots, not exceeding two, in the town of Natchez, and such an a supplement out lot adjoining the same, not exceeding thirty acres, suspended. as may be the property of the United States, to be located by the governor of the Mississippi territory, for the use of Jefferson college," be, and the same is hereby suspended, until the end of the next session of Congress.

to be evidence

Sec. 12. Transcripts of the records of the British Transcripts province of West Florida, to claims for land therein, of the British and which have been delivered to the government of records of the United States, may be produced as evidence, and West Florida shall be entitled to the same weight in any court of incertain the United States,† as if the same had been delivered cases. or shall be delivered, to either of the registers of the land offices in the Mississippi territory, before the last of March, one thousand eight hundred and four, any thing in this act, or in the fifth section of the act to which this is a supplement, to the contrary notwithstanding.

Sec. 1. Persons who may have obtained, or shall VIII. 84. obtain certificates from the board of commissioners, 2d March, appointed to ascertain the claims to lands in the Mis- 1805.

See that section of act of 3d March, 1803, under the head of "General provisions, land districts."

This section virtually repealed, by the 5th section of the act of 2d March, 1805.

ficates from the commis

Persons ob- sissippi territory, shall be allowed three months after taining certi- the respective date of such certificates, for entering the same with the register of the proper land office; and certificates thus entered, shall have the same force and effect, as if they had been duly entered with the said register on or before the first day of January, one thousand eight hundred and five.

sioners allowed a further time for en tering them.

Commissioners for the

of Pearl

river, to

Sec. 2. The commissioners appointed to ascertain the claims to lands, in the abovementioned territory, territory, east east of Pearl river, shall be authorised to grant certi ficates for lands lying in the island known by the grant certifi- name of Nannee Hubba, formed by the cut off of the cates for land river Tombigbee and Alabamaha; and persons havin the island ing claims for lands lying either in said island, or east of the Tombigbee and Alabamaha rivers, shall be permitted to file the same with the register of the land office, till the first day of May, one thousand eight hundred and five; and the commissioners shall decide on the same, in the same manner as if they had been presented before the thirty-first day of March, one thousand eight hundred and four.

of Nannee Hubba ; claims in that island, or east of

the Tombig. bee, &c. per mitted to be

filed before the first of May, 1805.

Per diem althe commis

lowances to

sioners for

their attend

ance after first April. Whole addi

tional allow ance limited. Compensations of the

clerks of the boards of commissioners in the Mississippi territory. Claimants

under British grants legally and fully completed, allowed a

further time for thing their claims

with the re

Sec. 3. Each of the last mentioned commissioners, shall be allowed at the rate of six dollars a day, for every day he shall attend, subsequent to the first day of April, one thousand eight hundred and five: Provided, That such additional allowance shall not exceed five hundred dollars for each commissioner.

Sec. 4. The clerk of each of the boards of commissioners appointed to ascertain the claims to lands in the abovementioned territory, shall be allowed at the rate of seven hundred and fifty dollars a year, from the time when he entered on the duties of his office, to the time when the board shall adjourn sine die.

Sec. 5. Persons claiming lands in the Mississippi territory, by virtue of British grants, legally and fully completed, who may not have filed their claims with the proper register of the land office, in conformity with the provisions heretofore made for that purpose, may until the first day of December, one thousand eight hundred and five, file such claims with the register of the land office west of Pearl river, and have the same recorded. And the said register shall, on or before the first day of January, one thousand

gister of the land office, west of Pearl river.

make report

to the secretary of the

thus record

ed; to be

eight hundred and six, make to the secretary of the Register to treasury, a full report of all the British grants thus recorded; which report shall immediately after be laid before Congress. The lands contained in such treasury, of grants shall not be otherwise disposed of until the end the grants of one year after that time. And if any such person shall neglect to file such British grant, and to have the same laid before recorded, in the manner and time hereby provided, Congress. neither such grant nor any other evidence of such The lands claim, which shall not have been recorded as above the grants not directed, shall ever after be considered or admitted to be disposas evidence in any court of the United States, ed of for one against any grant derived from the United States, or Grants not against any title, legally and fully executed, derived filed, &c. acfrom the Spanish government; any act or acts to the cording to contrary notwithstanding.

included in

year.

this act, to be no bar to

other grants properly derived from the Spanish or American governments.

1806.

certificates

Sec. 1. Whenever any person, who shall have re- IX. 46. ceived a pre-emption certificate, from either of the 21st April, boards of commissioners, appointed for the purpose Persons losof ascertaining the rights of persons to lands in the ing their Mississippi territory, shall, by a final judgment or lands under decree of the highest court of law, or equity, in which pre emption a decision could be had, within the said territory, by judgment rendered in favor of another person claiming by vir- of court, to tue of a British patent, lose the whole or part of the have the motract of land to which he was entitled by virtue of ney paid by such certificate, it shall be lawful for the receiver of ed. public monies for the district where the land lies, to repay to such person, or his assigns, so much of the purchase money as had been paid by him for the land thus recovered, by the holder of the British patent.

them return

sue for the

In all cases where only a part of a tract of land, to Where only which any person may be entitled by virtue of a certi- part is lost ficate granted by the commissioners aforesaid, is also patent to isclaimed by the holder of a British patent, a patent residue. may issue in favor of the owners of such certificate, for so much of such tract of land as is not claimed by virtue of such British patent: Provided, That he shall Proviso. in every other respect have complied with the provisions of the acts of Congress, regulating the grants of land in the Mississippi territory. And the lands con.

Rights of pre-emption

to lands in the Missis

sippi territory by what time to be paid for. Penalty of neglect of payment

Compensation of commissioners,

and agent.

tained in British grants, which have been duly recorded in conformity with the provisions of former laws, and for which certificates have not been granted by the commissioners aforesaid, shall not be disposed of until otherwise directed by Congress.

Sec. 2. Persons entitled to a right of pre-emption to lands in the Mississippi territory, by virtue of certificates granted by either of the boards of commissioners aforesaid, shall be allowed till the first day of January, one thousand eight hundred and seven, to make the first payment of the purchase money of such lands: And if any such person shall neglect to make such first payment, on or before the first day of January, one thousand cight hundred and seven, his right of pre-emption shall cease and become void.

Sec. 3. Each of the commissioners appointed to ascertain the claims to lands in the abovementioned territory, west of Pearl river, shall be allowed at the rate of six dollars for every day he shall attend, subsequent to the first day of April, one thousand eight hundred and six: Provided, That such additional allowance shall not exceed five hundred dollars, for each commissioner; and the agent appointed in behalf of the United States for the said board, shall be allowed an additional compensation of three hundred and fifty dollars for the whole of his services. And the regisRegisters and ter and receiver of public monies, in each of the dis. receivers of tricts of the abovementioned territory, shall, and they public monies are hereby authorised, in their districts, respectively, to regulate inand after the dissolution of the board of commissionterfering locations. ers for their district, to regulate the location of any tract of land lying within such district for which a certificate shall have been granted by the commissioners, whenever it shall appear that the location specified in such certificates, interfere with each other, or do not include the improvements, by virtue of which such certificates were granted: Provided, That the said register and receiver, shall not be authorised to allow any location on land not improved and settled, in the manner provided by the former acts of Congress, regulating the grants of land in the abovementioned territory; nor to allow, in any case, a greater quantity of land than had been allowed by the commissioners.

Proviso.

the district

donation cer

Sec. 4. Whenever it shall appear to the satisfaction Register and of the register and receiver of the district east of receiver of Pearl river, that the settlement and occupancy, by east of Pearl virtue of which a pre-emption certificate had been river, autho granted by the commissioners, had been made and rised to grant taken place, prior to the thirtieth day of March, one tificates in thousand seven hundred and ninety-eight, they shall certain cases. be authorised to grant to the party a donation certificate, in lieu of such pre-emption; and the patent shall issue as in other cases of donations: Provided, Proviso. That application shall be made for such an exchange, and evidence produced of the date of such settlement and occupancy, on or before the thirty-first day of December next.*

Sec. 5. And be it further enacted, That the right of Right of the the United States, to all the land lying between United States the Front street of the city of Natchez and the in land near and adjoining Mississippi river, and bounded on the north by to Natchez, North Fourth street, and the land granted to Ste- vested in the phen Minor; and on the south, by the lands an- corporation nexed to the old fort, and those granted to William of that city. Barland, be, and the same hereby is, forever vested in the corporation of said city, so as not to affect the legal or equitable claims of any individuals, or of any body politic, or corporate, if any such there be: Provided, That the said land, as above described, Proviso. be neither cultivated nor occupied by buildings, but that it be planted with trees, and preserved as a common, for the use, comfort and health of the inhabitants of the city aforesaid, and all other persons who may occasionally resort thither.

cated in lieu

Sec. 6. Whenever the section No. 16, shall fall Another secupon land already granted, by virtue of any act of tion to be loCongress, or claimed by virtue of a British grant, the of No. 16, if secretary of the treasury shall locate another section, falling within in lieu thereof, for the use of schools; which loca a British tion shall be made in the same township, if there be grant, &c. any other vacant section therein, and otherwise, in an adjoining township.

Sec. 7. And be it further enacted, That Richard Where RiSparks be permitted to enter with the register of the chard Sparks'

This section revived, and the time to make application extended by act of 31st March, 1808, till first October, 1809.

claim is to be entered: