21 April 1806. missioner shall receive in the whole, on that account, more than for the distance, from the usual place of the sittings of the board to the extreme settlements within his respective district.

Ibid. 28.

Secretary to pre

430. Each of the boards aforesaid shall prepare, and cause to be prepared, the reports and transcripts, which by law they are directed to make to the secretary of the treasury, scribe forms of in conformity with such forms as he may prescribe; and they shall also, in their several proceedings and decisions, conform to such instructions as the said secretary may, with the approbation of the president of the United States, transmit to them in relation thereto.

reports, &c.

3 March 1807 24. 2 Stat. 441.

Decisions to be according to the

laws and usages

of the French and Spanish governments.

431. The commissioners appointed or to be appointed for the purpose of ascertaining the rights of persons claiming land in the territories of Orleans and Louisiana, shall have full powers to decide, according to the laws and established usages and customs of the French and Spanish governments, upon all claims to lands within their respective districts, where the claim is made by any person or persons, or the legal representative of any person or persons, who were, on the 20th of December 1803, inhabitants of Louisiana; and for a tract not exceeding the quantity of acres contained in a league square, (a) Lead mines and and which does not include either a lead mine or salt spring; which decision of the comsalt springs ex-missioners when in favor of the claimant shall be final, against the United States, any act of congress to the contrary notwithstanding.(b)

cepted.

Ibid. 5.

Time for exhibiting claims extended.

Ibid. 26.

Transcripts of

transmitted to the secretary.

issued to claimants.

432. That the time fixed by the act above mentioned, and by the acts supplementary to the same, for delivering to the proper register or recorder, notices in writing and the written evidences of claims to land, be and the same is hereby extended, for the territories of Orleans and Louisiana, till the first day of July 1808, (c) and persons delivering such notices and evidences shall be entitled to the same benefit as if the same had been delivered within the time limited by the former acts; but the rights of such persons as shall neglect so doing within the time limited by this act, shall so far as they are derived from or founded on any act of congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of law or equity whatever.(d)

433. The commissioners appointed or to be appointed for the purpose of ascertaining the rights of persons claiming lands in the territories of Orleans and Louisiana, shall decisions to be respectively transmit to the secretary of the treasury and to the surveyor-general, or officer acting as surveyor-general, transcripts of the final decisions made in favor of claimants by virtue of this act; and they shall deliver to the party a certificate stating Certificates to be the circumstances of the case, and that he is entitled to a patent for the tract of land therein designated, which certificate shall be filed with the proper register or recorder, within twelve months after date.(e) And the register or recorder shall thereupon (a plot of the tract of land therein designated, being previously filed with him or transmitted to him by the officer acting as surveyor-general in the manner hereinafter provided) issue a certificate in favor of the party; which certificate being transmitted to the secretary of When patents to the treasury, shall entitle the party to a patent, to be issued in like manner as is provided by law for the issuing of patents for public lands lying in other territories of the United States.(g)

issue.

Ibid. 7. Surveys to be

of claimants.

434. The tracts of land thus granted by the commissioners shall be surveyed at the expense of the parties, under the direction of the surveyor-general, or officer acting as made at expense surveyor-general, in all cases where an authenticated plat of the land as surveyed under the authority of the officer acting as surveyor-general under the French, Spanish or American governments respectively, during the time either of the said governments had the actual possession of the said territories of Orleans and Louisiana, shall not have been filed with the proper register or recorder, or shall not appear of record on the public records of the said territories of Orleans and Louisiana. The said commissioners shall also be authorized, whenever they may think it necessary, to direct the surveyorgeneral, or officer acting as such, to cause any tract of land already duly surveyed, to be re-surveyed at the expense of the United States.(h) And the surveyor-general, or officer acting as such, shall transmit general and particular plats of the tracts of land thus

Re-surveys.

(a) A concession, confirmed by this section, where the commissioners issued a certificate for 800 arpens, according to the original plat without ordering a survey, is good for the quantity contained in the plat, though it exceed the quantity specified. 1 Opin. C56. (b) This act was the first that gave a board of commissioners power to adjudicate claims against the United States, and conclude the government as to the question of right in the claimant. The judgments of the board on all claims for less than a league square, were to a large degree judicial. West v. Cochran, 17 How. 414. This act, however, did not grant legal titles; it only enabled claimants of inchoate titles to obtain patents. Burgess v. Gray,

16 How. 48.

(c) See act 14 April 1812, giving further time for registering claims to land in the eastern district of the territory of Orleans. 2 Stat. 709. And act 10 March 1812, giving further time for regis ing claims to land in the western district. 2 Stat. 692.

(d) McCabe v. Worthington, 16 How. 96.

(e) See act 18 April 1814, directing certificates of confirmation to be given to the surveyors, with descriptions, &c.; and surveys to be made and returned to the general land office. 3 Stat. 139. (g) The patent is conclusive evidence that the grantee was the lawful owner of the title thus confirmed, and that he had the best Spanish title to that tract of land. Landes v. Brant, 10 How. 348.

(h) Claimants are liable for the expenses of re-surveys, where there has been no survey of the claim under the French or Span ish governments, previous to the delivery of the possession of the territory; and where re-surveys are deemed necessary by the commissioners, to enable them to decide on the validity of the claims. 1 Opin. 655,

surveyed, to the proper register or recorder, and shall also transmit copies of the said 3 March 1807. plats to the secretary of the treasury.

Ibid. 28.

435. The commissioners aforesaid shall respectively report to the secretary of the treasury their opinion on all the claims to land within their respective districts, which claims to be they shall not have finally confirmed by the fourth section of this act. The claims shall, classified. in the said report or reports, be arranged into three general classes, (a) that is to say: -first, claims which, in the opinions of the commissioners, ought to be confirmed in conformity with the provisions of the several acts of congress, for ascertaining and adjusting the titles and claims to land within the territories of Orleans and Louisiana; -secondly, claims which, though not embraced by the provisions of the said acts, ought nevertheless in the opinion of the commissioners to be confirmed in conformity with the laws, usages and customs of the Spanish government;-thirdly, claims which neither are embraced by the provisions of the said acts, nor ought in the opinion of the commissioners, to be confirmed in confirmity with the laws, usages and customs of the Spanish government. And the said report and reports being in other respects made in conformity Report to be laid before congress. with the forms prescribed according to law, by the secretary of the treasury, shall by him be laid before congress, for their final determination thereon, in the manner and at the time heretofore prescribed by law for that purpose.

2 Stat. 807.

436. Every person or persons claiming lands in the eastern or western district of the 27 Feb. 1813 & 1 territory of Orleans, now state of Louisiana, who are actual settlers on the land which they claim, and whose claims have not been heretofore filed with the register of the land Time for exbibit ing claime exoffice for the district wherein the lands lie, shall be allowed until the first day of January tended. next, to deliver notices in writing, and the written evidences of their claims, in the said districts respectively, to the register of the land office at New Orleans and Opelousas; and the notices and evidences so delivered within the time limited by this act, shall be recorded in the same manner, and on payment of the same fees, as if the same had been delivered before the first day of July 1808; but the rights of such persons as shall neglect so doing within the time limited by this act, shall, so far as they are derived from, or founded on, any act of congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of the United States, against any grant derived from the United States.

Ibid. 2.

437. Every person or persons who had filed his or their notice of claim to lands lying within either of the said districts, with the proper register of the land office, according Time for recordto former laws, but have not exhibited any testimony or written evidence in support of ing evidence of claims already the same, and whose claim has not been confirmed by the commissioners appointed to filed, extended. ascertain and settle claims to lands in the said districts, shall be allowed until the first day of January next, to deliver in written evidence or other testimony in support of his or their claim, the notice of which had been filed as aforesaid, to the register of the land office at New Orleans, for lands lying in the eastern district, and the register of the land office at Opelousas, for lands lying in the western district; and every written evidence of claim, the notice whereof had been filed as aforesaid, for lands lying in the said districts, delivered, within the time limited by this section, to the said registers, shall by them respectively be recorded in the same manner as was directed, and on receiving the same fees allowed, by former acts for recording evidence of claim to lands in the same districts; and the right of any such persons neglecting to deliver the evidence of their claims as above mentioned, shall become barred and void in so far as the same is derived from the United States, and the evidence thereof be incapable of being admitted in any court whatsoever, against any grant derived from the United States.

ers.

fbid. § 3.

438. The register and receiver of public moneys of the said respective land offices at New Orleans and Opelousas, shall have the same powers and perform the same duties Powers of regis in every respect in relation to the claims that may be filed according to the first section ters and receiv of this act, and the claims, notice of which had been given under former acts, and the evidence in support thereof shall have been delivered, according to the second section of this act, as the board of commissioners, for ascertaining and adjusting claims to lands in the same districts, would have had, or should have performed, if such notice had been filed, and such evidence delivered, before the first day of July 1808, except that their decisions shall be subject to the revision of congress.

Ibia. 4.

ral land office.

439. It shall be the duty of the register and receiver of each of the said land offices respectively, to make to the commissioner of the general land office, a report of all the Reports to be claims filed with the register aforesaid, with the substance of the evidence in support made to the gene thereof, and of the claims formally filed, in support of which evidence shall have been received, with the substance of such evidence, and also their opinion and such remarks respecting the claims as they may think proper to make; which report, together with a list of the claims, which in the opinion of the register and receiver ought to be con

(a) See act 29 April 1816, infra, 538.

27 Feb. 1813. firmed, shall be laid by the commissioner of the general land office before congress, at their next session, for their determination thereon. (a)

Ibid. 25. Clerks to be ap pointed.

Fees

11 May 1820

3 Stat. 573.

Time extended for registering claims for lands

2.

west of the Mississippi.

Ibid. 23.

Reports to the secretary.

Ibid. 4.

Additional evi

hibited in sup

port of unconfirmed claims.

440. The register and receiver for each of the aforesaid land offices shall have power to appoint a clerk, whose duties shall be the same, in relation to the aforesaid claims, as were required of the clerk to the board of commissioners for the same districts; and the said registers, receivers and clerks, shall each be allowed fifty cents for each claim on which a decision shall be made, in their respective districts, whether such decision be in favor or against the claims; which allowance of fifty cents shall be in full compensation for their services under this act. And a further sum of fifty cents shall be allowed on each claim decided as aforesaid, to defray the expense of making translations from the French and Spanish languages.

441. Any person or persons, claiming lands within that part of Louisiana lying west of the river Mississippi, including the island of New Orleans, founded upon any Spanish grant, concession or order of survey, and whose claims have not heretofore been filed in the proper office, may, from and after the first day of July next, and until the thirty-first day of December thereafter, deliver notices, in writing, and the written evidences, of their claims, to the register of the land district within which such lands may be situate, within the said state, and the said notices and evidences, so delivered, within the time limited by this act, shall, by the said registers, be recorded, in books to be kept for that purpose; for which service a compensation shall be received from such claimants, at the rate of twenty-five cents for every hundred words. And the rights of such persons as shall neglect so doing, within the time limited by this act, shall, so far as they are derived from, or founded on, any act of congress, ever after be burred and become void, and the evidences of their claims never after admitted as evidence in any court of the United States, against any grant derived from the United States.

442. The said registers shall, on the first day of January next, make, to the secretary of the treasury, a report of all the claims filed in their respective offices, in pursuance of the provisions of this act, together with the substance of the evidence in support thereof, with their opinion of the credit to which such evidence is entitled.(b)

443. Every person or persons, claiming lands within that part of Louisiana described in the preceding section, founded upon any Spanish grant, concession or order of survey, dence may be ex- who had filed their notices of claims in the proper office, according to former laws, and whose claims have not been confirmed, may, at any time before the thirty-first day of December next, deliver additional written evidence, or other testimony, in support of their claims, the notice of which had been filed as aforesaid, to the said registers; and the evidence, so delivered or offered, shall be recorded in books to be kept for that purpose; for which service a compensation shall be received, from such claimants, at the rate of twenty-five cents for every hundred words. And the rights of such persons as shall neglect so doing within the time limited by this act, shall, so far as they are derived from, or founded on, any act of congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of the United States, against any grant derived from the United States.

Ibid. 25.

Registers to report such evideuce.

Ibid. 26.

Reports to be

444. The said registers shall, on the first day of January next, make, to the secretary of the treasury, a report of the claims in which additional evidences shall have been filed in their respective offices, together with the substance of the evidence so filed, with their opinion of the credit to which such evidence is entitled, and such other information as the examination of such cases, under any former law, may have placed in their power or possession.

445. It shall be the duty of the secretary of the treasury, as soon as the reports of the said registers shall be received, to proceed to the examination of the claims aforemade to congress. said, and to report to the two houses of congress a list of the cases, which, in his opinion, ought to be confirmed, together with the reasons upon which his opinion may be founded: Provided nevertheless, That no claim shall be so recommended for confirmation, which contains more than the quantity contained in a league square. (c)

25 April 181221 2 Stat. 713.

III. CLAIMS TO LANDS EAST OF THE MISSISSIPPI AND ISLAND OF NEW ORLEANS.

446. For the purpose of ascertaining the titles and claims to lands in that tract of country which lies south of the Mississippi territory, east of the river Mississippi and island of New Orleans, and west of the river Perdido, (d) and a line drawn with the

(a) By act 11 May 1820 1, claims for lands within the eastern district of the state of Louisiana. described by the register and receiver of the said district, in their report to the commissioner of the general land office, bearing date the 20th day of November 1816, and recommended in the said report for confirmation, were confirmed against any claim on the part of the United States. 3 Stat. 573.

(b) See act 28 February 1823, confirming reported claims in the eastern district of Louisiana, and north of the Red river. 3 Stat. 727. Acts 5 February 1825, and 3 March 1826, confirming reported

claims in the western district. 4 Stat. 81. 152. Act 16 May 1826, confirming reported claims in the district of Opelousas. Ibid. 168. (c) See act 4 July 1832, for the final adjustment of claims to lands in the south-eastern land district of Louisiana. 4 Stat. 561. Act 6 February 1835, for the final adjustment of claims to lands in the state of Louisiana. Ibid. 749.

(d) It is the settled doctrine of the supreme court, that the country west of the Perdido river, was not acquired from Spain as part of West Florida. Pollard's Lessee v. Files, 2 How 591.

general course thereof to the southern boundary of the said Mississippi territory, the 25 April 1812. lands within the said limits shall be laid off into two land districts between which Pearl Districts. river shall be the boundary; and for each of which districts a commissioner for land Commissioners claims shall be appointed by the president of the United States, with the advice and to be appointed. consent of the senate. The said commissioners shall, respectively, have power to appoint a clerk, who shall be a person capable of translating the French and Spanish languages, Clerk. and who shall, in addition to the other duties required of him by this act, perform the duties of translator, when required by the commissioner. And the said commissioners Oath. and clerk shall, before entering on the duties of their appointments, respectively take an oath or affirmation, truly and faithfully to execute the duties imposed on them by this

act.

Ibid. 22.

447. For the more convenient ascertainment of the titles and claims to lands as aforesaid, it shall be the duty of each of the said commissioners, respectively, and their Meetings. clerks, to attend in each of the several parishes in his district, at such time and place therein as he shall appoint, for the purpose of receiving notices and evidences of titles and claims to lands within the same; and when the commissioners shall have appointed Public notice to be given. the time and place for his attendance in any parish, he shall cause public notice thereof to be given to the inhabitants of the same, for at least twenty days previous to the time of his commencing the business of his appointment therein.

Ibid. 23.

448. Each commissioner, after he shall have attended for a reasonable and sufficient length of time in each parish of his district, for the claimants of lands within the same Commissioners to to have delivered the notices and evidences of their claims, shall establish his office at establish offices. such place in his district as he shall judge most convenient, and of which he shall give public notice; and every person claiming lands within his district, who shall have neglected, or by any circumstance have been prevented from delivering a notice and evidence of his claims, during the time the commissioner attended in the parish in which within what the lands he may claim are situate, shall be at liberty, at any time before the end of six period claims to be presented. months from and after such office shall have been established, (a) to deliver a notice and the evidence of his claims; and it shall have the same effect as if delivered in the parish wherein the lands claimed are situated.

Ibid. 4.

Claims to be

recorded.

449. Every person claiming lands in the tract of country aforesaid, by virtue of any grant, order of survey or other evidence of claim whatsoever, derived from the French, British or Spanish governments, shall deliver to the commissioner for land claims, when registered. attending for the purpose, in the parish in which the lands claimed may lie, a notice in writing, stating the nature and extent of his claims, together with a plat (in case a survey shall have been made) of the tract or tracts claimed; and shall deliver to the Evidence to be commissioner, when attending as aforesaid, for the purpose of being recorded, every grant, order of survey, deed, conveyance or other written evidence of his claim; and the same shall be recorded by the clerk, in books to be kept for that purpose, on his receiving from the party or parties at the rate of twelve and a half cents for every hundred words contained in such written evidence of their claim: Provided however, That where lands Recording of complete grant are claimed by virtue of a complete French, British or Spanish grant, it shall not be to be sufficient. necessary for the claimant to have any other evidence of his claim entered at large on the record, except the original grant or patent, together with the order of survey, and the plat; all the other conveyances or deeds may be abbreviated in the entry; but the Derivative titles chain of title, and the date of every transfer, shall appear on the record. And if such to be noted on person shall neglect to deliver such notice in writing of his claim, together with the plat (in case the lands claimed shall have been surveyed) as aforesaid, or cause to be recorded In default, claims such written evidence of the same, within the time and times as aforesaid, his claim shall to be barred. never after be recognised or confirmed by the United States; nor shall any grant, order of survey, deed, conveyance or other written evidence, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any court of the United States, against any grant which may hereafter be derived from the United States.(b)

the record.

Ibid. 25.

Powers of the

450. The said commissioners shall have power, in their respective districts, to inquire into the justice and validity of the claims filed with them as aforesaid. It shall be their duty to ascertain in every case, whether the lands claimed have been inhabited and commissioners. cultivated; at what time such inhabitation and cultivation commenced; when surveyed, and by whom and what authority; and into every other matter respecting the claims which may affect the justice and validity thereof. And for that purpose shall have power to administer oaths, and to compel the attendance of, and examine witnesses and such

(a) Time extended, infra, 454, 462. And further extended by act 26 May 1824. until 1 January 1825. 4 Stat. 59.

(b) Neither this, nor any subsequent act, barred a French. Spanish or British claim to lands, which had not been surveyed and sold by the United States, by reason of the failure to record the

title papers evidencing the same. The plain meaning of this provision is that no such claim. not recorded, shall be evidence, in cases where the same land has been granted by the United States, and a contest arises between the two grants. United States v. Power's Heirs, 11 How. 570, 584.

Evidence to be recorded.

25 April 1812. other testimony as may be adduced; to have access to all records of a public nature, relative to the granting, sale, transfer or titles of lands within their respective districts, and to take transcripts from such record or records or any part thereof. And the evidence thus adduced and obtained, shall, by the clerk, be entered in a book to be kept for that purpose.

Ibid. 26.

Powers of surveyor extended.

Ibid. 27.

transmit abstracts to the Becretary.

451. The powers vested by law in the surveyor of the lands of the United States south of the state of Tennessee, shall extend over all the public lands in the said tract of country.

452. The said commissioners shall respectively, under such instructions as the secreCommissioners to tary of the treasury may, with the approbation of the president of the United States, transmit to them in relation thereto, prepare, and cause to be prepared, abstracts from the records of the claims filed as aforesaid, in which the claims shall be arranged into classes according to their respective merits, and other circumstances whereby they may be diversified. The abstracts shall contain the substance of the evidence adduced in support of, or obtained respecting the claims, and shall contain such other information and remarks as may be necessary to a proper decision thereon; which abstracts the comTo be laid before missioners shall respectively, as soon as may be, report to the secretary of the treasury, and shall, by him, be laid before congress, at the next session thereafter, for their deter mination thereon.

congress.

Ibid. 28.

List of actual

453. That the said commissioners be and they are hereby authorized and required to collect and report to congress, at their next session, a list of all the actual settlers on settlers to be re- land in said districts, respectively, who have no claims to land derived either from the French, British or Spanish governments, and the time at which such settlements were made.

ported.

18 April 1814 21. 3 Stat. 137.

454. That the time for delivering notices and the evidences of claims to lands as required by the act to which this is a supplement, be and the same hereby is extended Time extended. until the first day of September next.

Ibid. 2.

Evidence of other

claims to be received and reported.

455. It shall be the duty of the commissioners appointed under the act aforesaid, to receive such evidences as to them may be offered in support of any claims which may not be embraced by said act, and to report the same, together with those referred to in the first section of this act, on or before the first day of November next, to the commis sioner of the general land office, to be by him laid before congress at their next session. 456. That the commissioner for the district east of Pearl river and west of the PerClaims for lands dido, be and he is hereby authorized and required to receive and make report as aforeeast of the Tom- said on all claims to lands lying east of the river Tombigbee.

Ibid. 23.

bigbee.

3 March 181921. 3 Stat. 528.

ish grants, reported by the

commissioners,

confirmed.

457. All the claims to land, founded on complete grants from the Spanish govern ment, (a) reported to the secretary of the treasury, by the commissioners from the dis Complete Span- tricts east and west of Pearl river, appointed under the authority of an act entitled “An act for ascertaining the titles and claims to lands in that part of Louisiana which lies east of the river Mississippi and island of New Orleans," which are contained in the several reports of the commissioners, and which are, in the opinion of the commissioners, valid, agreeably to the laws, usages and customs of the said government, be and the same are hereby recognised as valid and complete titles against any claim on the part of the United States, or right derived from the United States. And all claims founded on British grants, (b) contained in the said reports, which have been sold and conveyed, according to the provisions of the treaty of peace between Great Britain and Spain, of the 3d of September 1783, by which that part of Louisiana lying east of the island of Orleans, was ceded to Spain under the denomination of West Florida, or which were settled and cultivated by the person having the legal title therein, at the date of said treaty, are recognised as valid and complete titles against any claim on the part of the United States, or right derived from the United States.

British grants.

Ibid. 2. Incomplete ported favorably,

458. All claims reported as aforesaid, and contained in the several reports of the said commissioners, founded on any order of survey, requette, permission to settle, or any Spanish titles, re-written evidence of claim derived from the Spanish authorities, which ought, in the confirmed. opinion of the commissioners, to be confirmed, and which by the said reports appear to be derived from the Spanish government before the 20th day of December 1803, and the land claimed to have been cultivated and inhabited, on or before that day, shall be con Restricted to 1280 firmed in the same manner as if the title had been completed: Provided, That in all acres unless plat such claims, where the plat and certificate of survey, made prior to the 15th day of April 1813, under the authority of the Spanish government, in pursuance of such claim, has not been filed with the said commissioners, such claim shall not be confirmed to any one person for more than twelve hundred and eighty acres; and for all the other claims to land comprised in the reports aforesaid, and which ought, in the opinion

and certificate are filed.

(a) A warrant or order of survey of lands made by the Spanish authorities at Mobile, in 1806, did not confer a complete legal title. La Croix v. Chamberlain, 12 Wh. 599. (b) See 3 Opin. 569.