grants not to be of for a year, &c. Persons neglecting grants, &c. neither The lands in such not be otherwise disposed of until the end of one year after otherwise disposed that time. And if any such person shall neglect to file such British grant, and to have the same recorded in the manner to file the British and time hereby provided, neither such grant, nor any other those grants, nor evidence of such claim, which shall not have been recorded &c. to be ever af as above directed, shall ever after be considered or admitted as evidence, in any court of the United States, against any grant derived from the United States, or against any title, legally and fully executed, derived from the Spanish Government, any act or acts to the contrary notwithstanding. Approved, March 2, 1805. anyother evidence, ter admitted, &c. [See Part II, Nos. 618, 768, 769, 773, 819, 824.] Persons, &c. who, on the 1st of Oct. within the territo French republic, the French ernments, &c. any warrant, &c. for ries, &c. to be con firmed, &c. CHAP. 74.-An act for ascertaining and adjusting the tities and claims to land within the Territory of Orleans and the district of Louisiana. SEC. 1. Be it enacted by the Senate and House of Repre1800, were resident sentatives of the United States of America in Congress asries ceded by the sembled, That any person or persons, and the legal repre&c., and who had, sentatives of any person or persons, who, on the first day of prior, &c., phtain October, in the year one thousand eight hundred, were resior Spanish Gov- dent within the territories ceded by the French republic to duly registered the United States, by the treaty of the thirtieth of April, one lands lying within thousand eight hundred and three, and who had, prior to the the said territo said first day of October, one thousand eight hundred, obtained from the French or Spanish Governments, respectively, during the time either of the said Governments had the actual possession of said territories, any duly registered warrant, or order of survey, for lands lying within the said territories, to which the Indian title had been extinguished, and which were on that day actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands, in the same manner Proviso: no such as if their titles had been completed: Provided, however, be confirmed, un- That no such incomplete title shall be confirmed, unless the was the head of a person in whose name such warrant or order of survey had been granted was, at the time of its date, either the head of a family or above the age of twenty-one years; nor unless See act of March the conditions and terms on which the completion of the chap. 92. grant might depend shall have been fulfilled.* (1) incomplete title to less the person, &c. family, above the age of twenty-one, &c. *Partly repealed. 3, 1807; section 1, Persons, &c. who, being either the twenty-one years the 20th of Decem SEC. 2. And be it further enacted, That to every person, head of a family or or to the legal representative or representatives of every of age, had, prior to person, who, being either the head of a family or twentyber, 1803, with the one years of age, had, prior to the twentieth day of Decempermission of the ber, one thousand eight hundred and three, with the permiscer, &c. made an sion of the proper Spanish officer, and in conformity with on tracts of land, the laws, usages, and customs, of the Spanish Government, &c. not claimed by made an actual settlement on a tract of land within the said proper Spanish offi actual settlement virtue of the pre ceding section, or (1) See Part II, Nos. 20, 29, 64. of any Spanish or 1st of October, 1800, iting, etc. to obtain ed, etc. territories, not claimed by virtue of the preceding section, French grant, comor of any Spanish or French grant made and completed be- pleted before the fore the first day of October, one thousand eight hundred, and etc. actually inhab during the time the Government which made such grant the tracts inhabithad the actual possession of the said territories, and who did, on the said twentieth day of December, one thousand eight hundred and three, actually inhabit and cultivate the said tract of land, the tract of land thus inhabited and cultivated *See chap. 84. shall be granted:* Provided, however, That not more than Proviso; not more one tract shall be thus granted to any one person, and the be granted to one same shall not contain more than one mile square, together person, and han with such other and further quantity as heretofore has been one mile square, allowed for the wife and family of such actual settler, agreeably to the laws, usages, and customs, of the Spanish Government:† Provided, also, That this donation shall not be tSee appendix made to any person who claims any other tract of land in the said territories by virtue of any French or Spanish grant. than one tract to contain more etc. No. 6. ascertaining titles, of Orleans to be district, etc. ties, and authori SEC. 3. And be it further enacted, That, for the purpose For the purpose of of more conveniently ascertaining the titles and claims to etc. the Territory land in the territory ceded as aforesaid, the Territory of Or- laid off into two leans shall be laid off into two districts, in such manner as districts, etc. the President of the United States shall direct; in each of which he shall appoint, in the recess of the Senate, but who A register to be apshall be nominated at their next meeting, for their advice one for each and consent, a register, who shall receive the same annual compensation, give security in the same manner and in the Compensation, dusame sums, and whose duties and authorities shall, in every ties, of the regis respect, be the same, in relation to the lands which shall here- ters, etc. after be disposed of at their offices, as are by law provided with respect to the registers in the several offices established for the disposal of the lands of the United States north of the river Ohio, and above the mouth of Kentucky river. The See ante, chap. President of the United States shall likewise appoint a recorder of land titles in the district of Louisiana, who shall appoint a recorder give security in the same manner and in the same sums, and district of Louisi shall be entitled to the same annual compensation, as the registers of the several land offices.§ 54. of land titles in the ana, etc. 54. 1800, etc. and per by virtue of the two before the 1st of SEC. 4. And be it further enacted, That every person Persons claiming claiming lands in the above-mentioned territories, by virtue tue of legal French of any legal French or Spanish grant, made and completed or Spanish grants completed before before the first day of October, one thousand eight hundred, the 1st of October, and during the time the Government which made such grant sons claiming, etc. had the actual possession of the territories, may, and every first sections of this person claiming lands in the said territories, by virtue of the act, etc. to deliver, two first sections of this act, or by virtue of any grant or in- March, 1806, to the complete title, bearing date subsequent to the first day of er, a notice in wriOctober, one thousand eight hundred, shall, before the first ture and extent of day of March, one thousand eight hundred and six, deliver their claims, etc. to the register of the land office, or recorder of land titles, within whose district the land may be, a notice, in writing, stating the nature and extent of his claims, together with a register or record ting stating the na plat of the tract or tracts|| claimed; and shall, also, on or be- See sec. 3, chap. 79. 84. See sec. 3, chap. fore that day,* deliver to the said register or recorder, for And also to deliv- the purpose of being recorded, every grant, order of survey, er, for the purpose, deed, conveyance, or other written evidence of his claim ; every grant, order and the same shall be recorded by the register or recorder, The register, &c. or by the translator hereinafter mentioned, in books to be of being recorded, of survey, &c. to record, &c. Proviso; where lands are claimed plete French or for the evidence recorded, grant, &c. All other convey deposited with the er, &c. If any person neg. lects to deliver notice in writing, &c. kept by them for that purpose, on receiving from the parties at the rate of twelve and a half cents for every hundred words contained in such written evidence of their claim: Provided, by virtue of a com- however, That where lands are claimed by virtue of a comSpanish grant, &c. plete French or Spanish grant as aforesaid, it shall not be it is not necessary necessary for the claimant to have any other evidence of his have any other claim recorded, except the original grant or patent, together except the original with the warrant or order of survey, and the plat; but all the other conveyances or deeds shall be deposited with the regisances, &c., to be ter or recorder, to be by them laid before the commissioners register or record hereinafter directed to be appointed, when they shall take the claim into consideration. And if such person shall neglect to deliver such notice, in writing, of his claim, together all his right, de. With a plat, as aforesaid, or cause to be recorded such writrived from the first ten evidence of the same, all his right, so far as the same is act,to become void, derived from the two first sections of this act, shall become void, and forever thereafter be barred; nor shall any incomgrant, warrant, &c. plete grant, warrant, order of survey, deed of conveyance, not to be admitted or other written evidence, which shall not be recorded as as evidence, &c. above directed, ever after be considered or admitted as evidence, in any court of the United States, against any grant The register and derived from the United States. The said register and remence the duties corder shall commence the duties hereby enjoined on them enjoined on them, on or before the first day of September next, and continue to discharge the same, at such place in their respective districts as the President of the United States shall direct. two sections of this &c. Any incomplete not recorded, &c., recorder to com on or before the 1st Sept. 1805, &c. for each of the dis together with the sioners for the pur ing the rights of &c. Two persons, to be SEC. 5. And be it further enacted, That two persons, to appointed by the President alone, be appointed by the President alone, for the district of Loutricts mentioned, isiana, and two persons, to be in the same manner appointed, register or record for each of the districts directed by this act to be laid off in er, to be commis the Territory of Orleans, shall, together with the register or pose of ascertain recorder of the district for which they may be appointed, be persons clairing, commissioners for the purpose of ascertaining, within their respective districts, the rights of persons claiming under any French or Spanish grant as aforesaid, or under the two first The commission sections of this act. The said commissioners shall, previous subscribe an oath. to their entering on the duties of their appointment, respectively, take and subscribe the following oath or affirmation, Form of the oath. before some person qualified to administer the same: “I, do solemnly swear (or affirm) that I will imparers to meet in their tially exercise and discharge the duties imposed on me by an tricts, &c. on or be- act of Congress entitled An act for ascertaining and adfore the 1st Dec. justing the titles and claims to land within the Territory of to adjourn for a Orleans and the district of Louisiana,' to the best of my three days, &c. un- skill and judgment." It shall be the duty of the said completed the business missioners to meet in their respective districts, at such place as the President shall have directed therein for the residence board to hear and summary manner, administer oaths, compel the examine witness attendance of and es, &c. be laid before Con this act to be con of the register or recorder, on or before the first day of December next, and they shall not adjourn to any other place, nor for a longer time than three days, until the first day of March, one thousand eight hundred and six, and until they shall have completed the business of their appointment. Each board, or a majority of each board, shall, in their re- A majority of each spective districts, have power to hear and decide, in a sum- determine in a mary manner, all matters respecting such claims; also, to administer oaths, to compel the attendance of and examine witnesses, and such other testimony as may be adduced; to demand and obtain, from the proper officer and officers, all public records, in which grants of land, warrants, or orders of survey, or any other evidence of claims to land, derived from either the French or Spanish Governments, may have been recorded; to take transcripts of such record or records, or of any part thereof; to have access to all other records of a public nature, relative to the granting, sale, transfer, or titles of lands, within their respective districts; and to decide, in a summary way, according to justice and equity, on all claims filed with the register or recorder, in conformity with the provisions of this act, and on all complete French or Spanish grants the evidence of which, though not thus filed, may be found of record on the public records of such grants; which The decisions to decisions shall be laid before Congress in the manner here- gress, &c. inafter directed, and be subject to their determination thereon: Provided, however, That nothing in this act contained shall Proviso; nothing in be construed so as to recognise any grant or incomplete title strued to recognise bearing date subsequent to the first day of October, one thou- texna de sand eight hundred, or to authorize the commissioners afore- sequent to the 1st said to make any decision thereon. The said boards, re- The boards emspectively, shall have power to appoint a clerk, whose duty powered it shall be to enter in a book, to be kept for that purpose, full and correct minutes of their proceedings and decisions, together with the evidence on which such decisions are made; which books and papers, on the dissolution of the boards, Books and papers, shall be deposited in the respective offices of the registers of the boards, to be of the land offices, or of the recorder of land titles, of the dis- deposited in the trict; and the said clerk shall prepare two transcripts of all ters, &c. the decisions made by the commissioners in favor of the claim- pare two tranants to land, both of which shall be signed by a majority of scripts, &c. the said commissioners, and one of which shall be transmit- be signed by a mated to the officer exercising in the district the authority of jority of the comsurveyor general, and the other to the Secretary of the Treas- mitted, &c. ury. It shall likewise be the duty of the said commissioners The commissionto make, to the Secretary of the Treasury, a full report of Secretary of the all the claims filed with the register of the proper land office or recorder of land titles, as above directed, which may have been rejected, together with the substance of the evidence adduced in support thereof, and such remarks thereon as they may think proper; which reports, together with the tran- The reports, &c. to scripts of the decisions of the commissioners in favor of the be laid before Conclaimants, shall be laid, by the Secretary of the Treasury, bearing date sub Oct. 1800, &c. to ap point clerks, &c. on the dissolution offices of the regis The clerk to pre Both transcripts to missioners, trans ers to make to the full ro claims filed, &c. port of all and rejected, &c. gress, &c. ish or French duced to either of lands which were by or for the use of the commissioners sider such grant, evidence of title, other proof, etc. When any Span- before Congress, at their next ensuing meeting. When any grant, etc. is pro- Spanish or French grant, warrant, or order of survey, as aforethe boards, for said, shall be produced to either of the said boards, for lands not, at the date, which were not, at the date of such grant, warrant, or order etc.inhabited, etc. of survey, or within one year thereafter, inhabited, cultivated, the grantee, &c. or occupied, by or for the use of the grantee; or whenever not bound to con- either of the said boards shall not be satisfied that such grant, etc. as conclusive warrant, or order of survey, did issue at the time when the but may require same bears date, but that the same is antedated or otherwise fraudulent, the said commissioners shall not be bound to consider such grant, warrant, or order of survey, as conclusive evidence of the title, but may require such other proof of its Each commission validity as they may deem proper. Each of the commissionlowed a compen ers and clerks aforesaid shall be allowed a compensation of two thousand dollars, in full for his services as such; and Each clerk to take each of the said clerks shall, previous to his entering on the and subscribe an duties of his office, take and subscribe the following oath or Form of the oath. affirmation, to wit: "I, do solemnly swear (or affirm) that I will truly and faithfully discharge the duties of a clerk to the board of commissioners for examining the claims to land, as enjoined by an act of Congress entitled 'An act ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the distirct of Louisiana ;" The oath to be en- which oath or affirmation shall be entered on the minutes of the board. er and clerk al sation of $2,000 in full, etc. oath. tered on the minutes, etc. the Treasury au three agents, for a lars each, to appear before commissioners, in ted States, to inves ana to investigate any, to lead mines, etc. The Secretary of SEC. 6. And be it further enacted, That the Secretary of thorized to employ the Treasury shall be, and he is hereby, authorized to emcompensation not ploy three agents, one for each board, and whose compensato exceed 1,500 dol- tion shall not exceed one thousand five hundred dollars each, the for the purpose of appearing before the commissioners, in bebehalf of the Uni- half of the United States, to investigate the claims for lands, tigate claims, etc. and to oppose all such as said agents may deem fraudulent The agent for the and unfounded. It shall also be the duty of the said agent district of Louisi- for the district of Louisiana to examine into and investigate the titles, etc. if the titles and claims, if any there be, to the lead mines within the said district, to collect all the evidence within his power, with respect to the claims to and value of the said mines, and to lay the same before the commissioners, who shall make a special report thereof, with their opinions thereon, to the Secretary of the Treasury, to be by him laid beEach board autho- fore Congress at their next ensuing session. The said board translator of the of commissioners shall each be authorized to employ a translator of the Spanish and French languages, to assist them in the despatch of the business which may be brought before. them, and for the purpose of recording Spanish and French grants, deeds, or other evidences of claims, on the register's books. The said translator shall receive, for the recording receive, for the re- done by him, the fees already provided by law, and may be fees provided, etc. allowed not exceeding fifty dollars for every month he shall not exceeding 50 be employed: Provided, That the whole compensation, other dollars per month; than that arising from fees, shall not exceed six hundred rized to employ a Spanish and etc. The translator to cording, etc. the and may be allow provided, etc. dollars. |