thereafter be barred; nor shall any grant, order of survey, deed, conveyance or other 3 March 1803. written evidence, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any court in the United States, against any grant derived from the United States. (a) 66 Ibid. 3 6. 359. The register of the land office in Adams county and two other persons, who shall be appointed by the president of the United States alone, shall, for the lands lying west Commissioners of Pearl river; and the register of the land office of Washington county, together with appointed to ascertain rights two other persons who shall be appointed by the president of the United States alone, of claimante. shall, for the lands lying east of Pearl river; respectively be commissioners, for the purpose of ascertaining the rights of persons claiming the benefit of the articles of agreement and cession between the United States and the state of Georgia, or of the three first sections of this act. And the said commissioners shall, previous to entering on the duties of their appointment, respectively, take and subscribe the following oath or affirmation, before some person qualified to administer the same: I, do solemnly swear Oath. (or affirm) that I will impartially exercise and discharge the duties imposed upon me, by an act of congress entitled' An act regulating the grants of land and providing for the disposal of the lands of the United States south of the state of Tennessee,' to the best of my skill and judgment." And it shall be the duty of the said commissioners to meet in the county of Adams, Meetings and in Washington county aforesaid, respectively, on or before the first day of December next; and they shall not adjourn to any other place, or for a longer time than three days, until the first day of April 1804, and until they shall have completed the business of their appointment. And each board, or a majority of each board, shall, in their respect- Powers. ive districts, have power to hear and decide, in a summary manner, all matters respecting such claims, also to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity; which determination, so far as relates to any rights derived from the articles of agreement above mentioned, or from the three first sections of this act, shall be final. And, for the safe- Clerks. keeping of the papers and evidence produced, and recording their proceedings, the said boards, respectively, shall have power to appoint a clerk, whose duty it shall be to enter, in a book to be kept for that purpose, perfect and correct minutes of the proceedings, decisions, meetings and adjournments of the boards, together with the evidence on which such decisions are made; which books and papers, on the dissolution of the boards, shall be transmitted to and lodged in the office of the secretary of state; and, on or before such clerk's entering on the duties of his office, he shall take and subscribe the following oath or affirmation, to wit: "I, do solemnly swear (or affirm, as the case may be) that Oath of clerks. I will truly and faithfully enter and record all minutes, proceedings and decisions of the board of commissioners for the county of appointed under and by virtue of an act of the United States entitled 'An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the state of Tennessee,' and well and faithfully do and perform all other acts and things in the said act pointed out as the duty of a clerk of the said board;" which oath shall be entered on the minutes of the board. And Certificates to be when it shall appear to them that the claimant is entitled to a tract of land under the issued to claimarticles of agreement and cession with Georgia aforesaid, in virtue of a British or Span- Georgia cession ish grant legally and fully executed, they shall give a certificate thereof, (b) describing the tract of land and the grant, and stating that the claimant is confirmed in his title thereto by virtue of the said articles; which certificate, being recorded by the register of the land office, whose duty it shall be to record the same in a book to be kept by him for that purpose, shall amount to a relinquishment for ever, on the part of the United States, to any claim whatever to such tract of land. (c) And when it shall appear to the Bourbon act of baid commissioners that the claimant is entitled to a tract of land by virtue of a settle-Georgia. ment under the Bourbon act of Georgia, recognised in the said articles of agreement and cession, or of either of the two first sections of this act, (d) 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 certificate being duly entered with the register of the land office, on or before the first day of January 1805, shall entitle the party to a patent for the said tract, which shall issue in like manner as is provided by this act for the other lands of the United States, without the party paying anything therefor except the surveying expenses and the fees of office. And when (a) By act 27 March 1804 & 12, transcripts of the records of the British province of West Florida, to claims for lands therein, and which have been delivered to the government of the United States, may be produced as evidence, and shall be entitled to the same weight in any court of the United States as if the same had been delivered and recorded under this act. 2 Stat. 305. (b) No particular form of certificate is required; it is sufficient, if it show the occupancy required by the act, and what land granted. Ross v. Barland, 1 Pet. 655. And see Robinson v. Minor, 10 How. 627. ants under titles. (c) This title is conclusive against the government; nor can a court of law inquire into previous facts, reaching behind the judgment given by the commissioners, thereby to impeach its validity. As a source of individual title, the judgment and recorded certificate stand on the foot of a patent, and merge all previous requirements, La Roche v. Jones, 9 How. 171. And see Hickey's Lessee v. Stewart, 3 Ibid. 750. (d) See supra, 353-4. Pre-emption claimants. 3 March 1803. it shall appear to the said commissioners that the claimant is entitled to a right of pre emption by virtue of the third section of this act, (a) they shall give a certificate thereof, directed to the register of the land office; which certificate being duly entered with the register of the land office, on or before the first day of January 1805,(b) shall entitle the party to become a purchaser of such tract of land: Provided, That he shall, prior to the first day of January 1806, also produce a receipt from the treasurer of the United States, or from the receiver of public moneys, for at least one-fourth part of the purchase-money, and also for the payment of the surveying expenses; and the party shall, upon payment in full of the purchase-money, on which, if any of the three last payments shall be made in advance, he shall be allowed the same discount allowed in similar cases by this act, be entitled to receive a patent, which shall issue in like manner, and on payment of the same fees as are provided by this act for the other lands of the United States; but if such person shall neglect to enter his certificate, on or before the first day of January 1805, or to make such first payment as above provided, his right of pre-emption shall Auverse claims to cease and become void. Provided also, and it is further enacted, That whenever a tract of tificated in cer- land to which any person might be entitled by virtue of the three first sections of this act, shall also be claimed by the holder of a British patent, legally and fully executed, and duly recorded in conformity to the provisions of this act, who is not confirmed in his claim by the articles of agreement above mentioned, the commissioners shall, in the certificate granted to the person claiming the land by virtue of this act, state the existence of the adverse claims; in which case the party shall not be entitled to a patent unless he issue in such case shall have obtained in his favor a judicial decision in a court having jurisdiction therein; and for every certificate so granted by the boards respectively, the clerk of the board granting the same shall be entitled to demand and receive of the party to whom the same is granted, the sum of two dollars. Patent not to until after judicial decision. Ibid. 7. Commissioners secretary. 360. The commissioners aforesaid shall, on or before the first day of December 1804, make to the secretary of the treasury, a full report of all the British grants legally and to report to the fully executed, which have been duly recorded in conformity to the provisions of this act, the title of which is not confirmed to the holders thereof, by the articles of agree ment above mentioned, stating the present situation of the lands, the date of such grants, the conditions annexed thereto, and how far the same have been fulfilled, together with such other remarks thereon as they may think proper; which report shall be laid before congress at their next session, and the lands contained in such grants shall not be otherwise disposed of, until the end of one year after that time. Ibid. § 8. Land appropriated for satisfy ing claims. Within what time to be presented 361. So much of the five millions of acres reserved for that purpose by the articles of agreement above mentioned, as may be necessary to satisfy the claims not confirmed by that agreement, which are embraced by the two first sections of this act, or which may be derived from British grants for lands which have not been regranted by the Spanish government, be and the same is hereby appropriated for that purpose; and so much of the residue of the said five millions of acres or of the net proceeds thereof as may be necessary for that purpose, shall be and is hereby appropriated for the purpose of satisfying, quieting and compensating, for such other claims to the lands of the United States, south of the state of Tennessee, not recognised in the above-mentioned articles of agreement, and which are derived from any act or pretended act of the state of Georgia, which congress may hereafter think fit to provide for: Provided however, That no other claims shall be embraced by this appropriation, but those, the evidence of which shall have, on or before the first day of January next, been exhibited by the Fees for record- claimants to the secretary of state, and recorded in books to be kept in his office for that purpose, at the expense of the party exhibiting the same, who shall pay to the person employed by the secretary of state for recording the same, at the rate of twelve-and-ahalf cents for every hundred words contained in each document thus recorded; nor shall any grant, deed, conveyance or other written evidence of any claim to the said lands, derived or pretended to be derived from the state of Georgia, and not recognised by the above-mentioned articles of agreement, ever after be admitted or considered as evidence in any of the courts of the United States, unless it shall have been exhibited and recorded in the manner and within the time above mentioned: And provided also, That nothing herein contained, shall be construed to recognise or affect the claims of any person or persons, to any of the lands above mentioned: And provided also, That [no certificate shall be granted for lands lying east of the Tombigbee river,] (c) nor for lands situated without the boundary lines established by treaty between the United States and the Choctaws, made the 17th day of October, in the year 1802. (d) ing. Unrecorded grants not to be evidence. For what lands tificates may bo granted. Ibid. 29. (a) See infra, 388. 362. The secretary of state, the secretary of the treasury and the attorney-general for (b) By act 2 March 1805, persons who shall obtain certificates from the commissioners, shall be allowed three months after the (d) 7 Stat. 73. the time being, be, and are hereby, authorized and empowered to receive such proposi- 3 March 1803. tions of compromise and settlement, as may be offered by the several companies or Proposals of com persons claiming public lands in the territory of the United States, lying south of the promise to be restate of Tennessee, and west of the state of Georgia, and report their opinion thereon gress. to congress at their next session. ported to con 2 Stat. 303. exhibit sufficient. 363. Persons claiming lands in the Mississippi territory, by virtue of any British or 27 March 1804 § 1. Spanish grant, or by virtue of the three first sections of the act to which this is a supplement, (a) or of the articles of agreement and cession with the state of Georgia, may, Time for exhi after the last day of March, in the year 1804, and until the last day of November, then tended. next following, give notice in writing of their claims to the register of the land office, for the lands lying west of Pearl river, and have the same recorded in the manner prescribed by the fifth section of the act to which this is a supplement: Provided however, Recording of comThat where lands are claimed by virtue of a complete Spanish or British grant, in con- plete grant to be formity with the articles of agreement and cession between the United States and the state of Georgia, it shall not be necessary for the claimant to have any other evidence of his claim recorded, except the original grant or patent, together with the warrant or order of survey and the plot; but all the subsequent conveyances or deeds shall be de- Derivative titles posited with the register, to be by him laid before the commissioners when they shall to be laid before take the claim into consideration. And the powers vested by law in the commissioners appointed for the purpose of ascertaining the claims to lands lying west of Pearl river, shall, in every respect, extend and apply to claims which may be made by virtue of this section; and the same proceedings shall thereupon be had as are prescribed by the act aforesaid, in relation to claims which shall have been exhibited on or before the last day of March, in the year 1804. commissioners. from time to time. before the evi 364. The commissioners aforesaid, appointed to adjust the claims to lands lying west Ibid. § 2. of Pearl river, shall have power to adjourn from time to time, and for such time as they Commissioners may think fit: Provided however, That they shall meet on the first day of December, in may adjourn the year 1804, and shall not afterwards adjourn for a longer time than three days, nor until they shall have completed the business for which they were appointed: And provided also, That nothing contained in this act, nor in that to which this is a supplement, shall be construed to prevent the said commissioners, nor those appointed to adjust the May act on claims claims to lands lying east of Pearl river, from acting and deciding at any time, on any dence is transclaim which has been exhibited in the manner prescribed by law, although the evidence cribed. of the same may not, at that time, have been transcribed on the books of the register. 365. When any Spanish grant, warrant or order of survey, shall be produced to either Ibid. 2 3. of the said boards of commissioners, for lands which were not, at the date of such grant, when commiswarrant or order of survey, or within one year thereafter, inhabited, cultivated or occupied sioners may reby, or for the use of the grantee; or whenever either of the said boards shall not be quire corrobora. tive proof. satisfied that such grant, warrant or order of survey did issue at the time when the same bears date; 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 validity as they may deem proper. And the said boards shall make a Reports to secrefull report to the secretary of the treasury, to be by him laid before congress for their tary of disallowed final decision, of all claims grounded on such grants, warrants or orders of survey, as may have been disallowed by the said boards, on suspicion of their being antedated, or otherwise fraudulent. claims. Ibid. 24. 366. The secretary of the treasury shall be, and he is hereby authorized to employ an agent, whose compensation shall not exceed one thousand five hundred dollars in full for Law agent for the all his services, for the purpose of appearing before the said commissioners, in behalf of government. the United States, to investigate the claims for lands, and to oppose all such as he may deem fraudulent and unfounded. And each of the said boards of commissioners shall Power to compel have the same powers to compel the attendance of witnesses, as are now vested in the courts of the United States. 367. The board of commissioners, appointed to adjust the claims to lands lying west of Pearl river, shall be authorized to employ an assistant clerk, and also a translator of the Spanish language, to assist them in the despatch of the business which may be brought before them, and for the purpose of recording Spanish grants, deeds or other evidences of claims on the register's books; the said translator shall receive for the recording done by him, the fees already provided by law, and may be allowed, not exceeding fifty dollars, for every month he shall be employed, provided that the whole compensation, other than that arising from fees, shall not exceed six hundred dollars; the assistant clerk shall be allowed a sum not exceeding five hundred dollars for his services; and each of the commissioners of the said board, in addition to the compensa (a) See supra, 353-4, and infra, 388. And see acts 3 March 1845, 5 Stat. 740; and 5 August 1848, 9 Stat. 273. attendance of witnesses. Ibid. 25. Assistant clerk and translator to be appointed. 27 March 1804. tion now fixed by law, shall be allowed six dollars for every day he shall attend on the board, after the last day of November, in the year 1804: Provided, That this additional compensation shall not exceed two thousand dollars for each of the said commissioners. Ibid. 28. 368. That so much of the eighth section of an act entitled "An act regulating grants Certificates may of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee," as provides, "that no certificate shall be granted for lands lying east of the Tombigbee river," be and the same hereby is repealed: Provided, That no certificate shall be granted for any lands to which the Indian title has not been extin guished. be granted for lands east of the Tombigbee. Tbid. 29. rants issued to 369. That the commissioners appointed in pursuance of the act aforesaid, be and Report of claims they are hereby authorized and required to make, on or before the first day of December for lands on war- next, a full report to the secretary of the treasury, of all claims that have been, or may be laid before them, for lands held by warrant of survey and improvement, 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. minors. 2 March 1505 5. 2 Stat. 324. 370. 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, grants extended. may, until the first day of December 1805, file such claims with the register of the land Time for filing claims on British excluded as evidence of title. office west of Pearl river, and have the same recorded. And the said register shall, on or before the first day of January 1806, make to the secretary of the 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 grants shall not be otherwise disposed If not filed, to be of until the end of one year after that time. And if any such person shall neglect to file such British grant, and to have the same recorded, in the manner and time hereby provided, neither such grant nor any other evidence of such claim, which shall not have been recorded 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. 21 April 1806 2 Stat. 400. Repayment authorized to 1. 371. Whenever any person who shall have received pre-emption certificates from either of the boards of commissioners, appointed for the purpose of ascertaining the rights of persons to lands in the Mississippi territory, shall, by a final judgment or decree of the holders of invalid highest court of law or equity, in which a decision could be had, within the said territory, rendered in favor of another person claiming by virtue of a British patent, lose the whole or part of the tract of land to which he was entitled by virtue of such certificates, it shall be lawful for the receiver of public moneys 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. pre-emption certificates. In case of interference, patent may issue for the excess. Ibid. 2. Further time 372. In all cases where only a part of a tract of land, to which any person may be entitled by virtue of a certificate granted by the commissioners aforesaid, is also claimed by the holder of a British patent, a patent 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 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 contained 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. 373. 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, allowed to hold shall be allowed till the first day of January 1807, 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 1807, his right of pre-emption shall cease and become void. ers of pre-emption certificates. &c. Ibid. 2 3. 374. Each of the commissioners appointed to ascertain the claims to lands in the Compensation of above-mentioned territory, west of Pearl river, shall be allowed at the rate of six dollars commissioners, for every day he shall attend, subsequent to the first day of April 1806: 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 register and receiver of public moneys, in each of the districts of the above mentioned territory, shall, and they are hereby authorized, in their districts, respectively, and after the dissolution of the board of commissioners for their district, to regulate the location of any tract of land lying within such district, for which a certifi Powers of regis In case of inter ters and receivers fering certificates, &c. cate shall have been granted by the commissioners, whenever it shall appear that the 21 April 1806. 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 authorized 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 above-mentioned territory, nor to allow, in any case, a greater quantity of land than had been allowed by the commissioners. Ibid. 24. issued in lieu of 375. Whenever it shall appear to the satisfaction of the register and receiver of the district east of Pearl river, that the settlement and occupancy, by virtue of which a when donation pre-emption certificate had been granted by the commissioners, had been made and certificates to be taken place, prior to the 30th day of March 1798, they shall be authorized to grant to pre-emption cer the party a donation certificate, in lieu of such pre-emption; and the patent shall issue as in other cases of donations: Provided, that application shall be made for such an exchange, and evidence produced of the date of such settlement and occupancy, on or before the 31st day of December next.(a) tificates. 2 Stat. 480. allowed to set Mobile. 376. Certain settlers on the river Mobile, in the Mississippi territory, east of Pearl 31 March 1808 23. river, who reside near the line of demarcation, between the United States and Spain, run in pursuance of the treaty of the 27th day of October 1795, and whose claims to Further time land has not been decided on according to law, shall be allowed until the first day of tlers on the October next, to file a notice in writing with the register of the land office, stating the nature and extent of their claims, together with a plat of the tract or tracts claimed; and the said register of the land office, and the receiver of public moneys, are hereby required to hear and determine such claims according to the several acts of congress "regulating the grants of land and providing for the disposal of the lands of the United States south of the state of Tennessee," and to grant certificates in the form heretofore prescribed by the board of commissioners in said district. Ibid. 4. secretary. 377. It shall be the duty of the registers of the land office east and west of Pearl river, in the Mississippi territory, to transmit to the secretary of the treasury of the Report to be United States, on or before the first day of November next, a full and fair report of all made to the the claims of certain persons to lands in the Mississippi territory, founded upon British or Spanish warrants or orders of survey, granted prior to the 27th day of October 1795, not confirmed by former laws regulating the grants of lands in said territory, which have heretofore been regularly filed with the register of the land office aforesaid; together with the evidence in support of such claims respectively, and to be by him laid before And laid before congress at their next ensuing session. And the land contained in such warrants or congress. orders of survey shall not be disposed of until otherwise directed by law. III. PROCEEDINGS ON DISALLOWED CLAIMS. 2 Stat. 526. in disallowed 378. The several tracts of land, in the Mississippi territory, the titles to which have 28 Feb. 1809 ¿ 1. been derived under Spanish claims and which have been disallowed by the boards of commissioners east and west of Pearl river, on suspicion of the grants, warrants or Lands included orders of survey, on which the claims are grounded, being antedated or otherwise claims to be sold fraudulent; and which are embraced in the report of the said boards of commissioners, laid before congress, agreeable to the third section of an act(b) entitled "An act supplementary to the act entitled 'An act regulating the grants of land and providing for the disposal of the lands of the United States south of the state of Tennessee;'" shall be and the same are hereby directed to be sold, in the same manner, at the same price and on the same terms and conditions as have been, or may be by law provided for the sale of the other public lands in the said territory. And any person or persons claiming Claimants may under a Spanish grant, warrant or order of survey as aforesaid, shall be entitled to institute, in the highest court of law or equity in said territory, his or their suit or action for the recovery of the tract or tracts so claimed as aforesaid: Provided, Such claimant Limitation. or claimants shall institute his or their suit or action within the term of one year from and after the tract or tracts so claimed shall have been sold by the United States, or in case the same is now inhabited and cultivated, in virtue of a pre-emption right, within one year from and after the passing of this act; and if any person or persons, claiming lands as aforesaid, shall fail or neglect to commence or institute his or their suit or action, in the manner and within the time prescribed by this section, or shall be nonsuit or discontinue the same, his or their right to commence such suit or action, in any court whatsoever, shall be for ever barred and foreclosed. 379. That if the person or persons claiming under such grant, warrant or order of survey, shall make it appear to the satisfaction of the court, before whom such suit or (a) By act 31 March 1808 3 2, this section is revived and continued in force until 1 October 1808; and it is provided that in any case where a donation shall be granted in lieu of a pre-emption certificate, the money, if any shall have been paid, shall be institute suits. Ibid. § 2. by the receiver repaid to the person or persons who have paid the same. 2 Stat. 479. (b) See supra. 365. This act relates solely to those claims which were laid before the commissioners, and disallowed. Henderson v. Poindexter's Lessee, 12 Wh. 542. |