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e act to

is repealed: Proviaed, That no certificate shall be Proviso.
granted for any lands to which the Indian title has
not been extinguished.

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

the treasury 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 occasion. ed the issuing of such warrants, and the validity which has been considered as attached to the same.

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 this is a supplement, as excepts "such town lots, not

" which this is 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.

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

to be evidence shall be entitled to the same weight in any court of in certain the United States, t 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, 24 March, appointed to ascertain the claims to lands in the Mis- 1005.

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+ This section virtually repealed, by the 5th section of the act of 28 March, 1805.

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Persons ob. sissippi territory, shall be allowed three months after taining certi- the respective date of such certificates, for entering ficates from

the same with the register of the proper land office; sioners allow- and certificates thus entered, shall have the same force ed a further and effect, as if they had been duly entered with the

1. said register, on or before the first day of January, tering them.

" one thousand eight hundred and five. Commission. Sec. 2. The commissioners appointed to ascertain ers for the the claims to lands, in the abovementioned territory, territory, east east of Pearl river, shall be authorised to grant certi. of Pearl river, to

ficates for lands lying in the island known by the grant certific name of Nannee Hubba, formed by the cut off of the cates for land river Tombigbee and Alabamaha ; and persons hav. in the island : of Nannee

a ing claims tor lands lying either in said island, or east

5 Hubba; OI

of the Tombigbee and Alabamaha rivers, shall be claims in permitted to file the same with the register of the

land office, till the first day of May, one thousand or east of the Tombie. eight hundred and five; and the commissioners shall bee, &c. per. decide on the same, in the same manner as if they mitted to be had been presented before the thirty-first day of filed before

March, one thousand eight hundred and four. the first of May, 1805. Sec. 3. Each of the last mentioned commissioners, Per diem al- shall be allowed at the rate of six dollars a day, for

wances to every day he shall attend, subsequent to the first day the commis

of April, one thousand eight hundred and five: Protheir attend- vided, That such additional allowance shall not exceed ance after five hundred dollars for each commissioner. first April. Whole addi

i Sec. 4. The clerk of each of the boards of commistional allow. sioners appointed to ascertain the claims to lands in ance limited. the abovementioned territory, shall be allowed at the Compensa- rate of seven hundred and fifty dollars a year, from tions of the

of the the time when he entered on the duties of his office, boards of to the time when the board shall adjourn sine die. commission Sec. 5. Persons claiming lands in the Mississippi ers in the Mississippi

territory, by virtue of British grants, legally and fully territory: completed, who may not have filed their claims with Claimants the proper register of the land office, in conformity under British with the provisions heretofore made for that purpose, grants legally

may until the first day of December, one thou. completed, sand eight hundred and five, file such claims with the allowed a register of the land office west of Pearl river, and

have the same recorded. And the said register shall, for ting their claims on or before the first day of January, one thousand with the regiscer of the land office, west of Pearl river.

and

further ti

The lands

eight hundred and six, make to the secretary of the Register to treasury, a full report of all the British grants thus make report

to the secre. recorded ; which report shall immediately after bei 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 tiine, And ifany such person shall thus recordneglect 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

included in claim, which shall not have been recorded as above the crants, 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.

this act, to be

no bar to other grants properly derived from the Spanish or American governments.

ts not

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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 of 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

* certificates 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

them returnsuch 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.

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

patent to isficate granted by the commissioners aforesaid, is also claimed 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 provi. sions of the acts of Congress, regulating the grants of land in the Mississippi territory. And the lands con.

or the

the

o be

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 dis.

posed of until otherwise directed by Congress. Rights of Sec. 2. Persons entitled to a right of pre-emption pre-emption to lands in the Mississippi territory, by virtue of certo lands in

in tificates granted by either of the boards of commissippi territo. sioners aforesaid, shall be allowed till the first day of ry by what January, one thousand eight hundred and seven, to paid for.

make the first payment of the purchase money of Penalty of such lands: And if any such person shall neglect to neglect of make such first payment, on or before the first day of payment January, one thousand cight hundred and seven, his

right of pre-emption shall cease and become void. Compensa. Sec. 3. Each of the commissioners appointed to tion of com. ascertain the claims to lands in the abovementioned missioners,

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 al

lowance shall not exceed five hundred dollars, for each and agent. 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 above mentioned territory, shall, and they public monies are hereby authorised, in their districts, respectively, to regulate in

and 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 Proviso. certificates were granted : Provided, That the said re

gister 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, re. gulating the grants of land in the abovementioned territory ; nor to allow, in any case, a greater quanti. ty of land than had been allowed by the commis. sioners.

of Pearl

0 Natchez

Sec. 4. Whenever it shall appear to the satisfaction Register and of the register and receiver of the district east of receiver of

the district Pearl river, that the settlement and occupancy, by 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 donation certhousand seven hundred and ninety-eight, they shall certain cases. be authorised to grant to the party a donation certifi. cate, 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 De-' eember 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 Mississippi river, and bounded on the north by 10

n and adjoining 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 inhabi. tants of the city aforesaid, and all other persons who may occasionally resort thither.

Sec. 6. Whenever the section No. 16, shall fall Another secupon land already granted, by virtue of any act of tion to be lo

"cated in lieu Congress, 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

claim is to be

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

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