3 March 1811. office, a notice in writing, stating the situation and extent of the tract of land he wishes

22 April 1826 25. 4 Stat. 155.

written evidence

pre-emption

right.

to purchase, and shall also make the payment and payments for the same, at the time and times, which are, or may be, prescribed by law for the disposal of the other public lands in the said territory; the time of his delivering the notice aforesaid being considered as the date of the purchase. (a) And if any such person shall fail to deliver such notice within the said period of three years, or to make such payment or payments at the time above mentioned, his right of pre-emption shall cease and become void; and the land may thereafter be purchased by any other person in the same manner, and on the same terms, as are or may be provided by law for the sale of other public lands in the said territory. 486. Every person, or his or her legal representative, comprised in the list of actual settlers, reported to the commissioner of the general land office, by the register and Settlers without receiver for the district of Jackson Court-house, in the state of Mississippi, under the of title to have authority of an act of congress entitled "An act for adjusting the claims to land, and establishing land offices in the districts east of the island of New Orleans," approved the 3d day of March 1819,(b) not having any written evidence of claim to land in said district, and who, on the 3d day of March 1819, did actually inhabit and cultivate a tract of land in said district, not claimed by virtue of any written evidence of claim, legally derived from either the French, British or Spanish governments, or granted as a donation by virtue of any act of congress heretofore passed, (c) shall be entitled to a right of preference, on becoming the purchaser from the United States of such tract of land, at the same price for which other public lands are sold at private sale: Provided, That such tract of land shall not contain more than one hundred and sixty acres, to be located by sec tional lines, and that the same shall be duly entered with the register of the proper office, within the term of two years, or before, if the same shall be offered at public sale: And provided also, Where any person is settled on, and has improved any school lands in said district, he, she or they shall be governed by the provisions of the fourth section of this act. 487. The pre-emption rights granted by the register and receiver of the land office at New Orleans, to certain individuals claiming the same, in the south-eastern land district of Louisiana, under the act of congress approved 5th April 1832, (d) entitled “An act pre-emptioners. supplementary to the several laws for the sale of public lands," and the act approved 15th June 1832, (e) entitled "An act to authorize the inhabitants of the state of Louisiana to enter the back lands," be and they are hereby confirmed; and the register of the land office is hereby directed to issue patent certificates accordingly.

28 June 1834 4 Stat. 708.

Patent certifi

cates to issue to

1.

8 March 1843 1. 5 Stat. 611.

Settlers on certain reserved

488. That the reservations made by the United States in 1832, of lands situate in township thirteen, range twelve east; township fourteen, ranges twelve and thirteen east; township fifteen, range thirteen east; township sixteen, range sixteen east; and lands to be en- township seventeen, range sixteen east, in the south-eastern district of Louisiana, on titled to pre-emp- account of the live oak supposed to grow thereon, be set aside and annulled; and that any persons entitled to pre-emption under the existing laws, within the limits of the said townships, be admitted to make their proofs and complete their titles in the same manner as if the reservations for live oak had not been made.

tion

2 March 1805 8 7. 2 Stat. 329.

VII. SURVEY OF LANDS.

489. The powers vested by law in the surveyor of the lands of the United States, south of the state of Tennessee, (g) shall extend over all the public lands of the United States, How lands in to which the Indian title has been, or shall hereafter be extinguished within the said territory of Orleans to be sur territory of Orleans. And it shall be the duty of the said surveyor to cause such of the veyed. said lands, as the president of the United States shall expressly direct, to be surveyed and divided, as nearly as the nature of the country will admit, in the same manner, and under the same regulations, as is provided by law, in relation to the lands of the United States, north-west of the river Ohio and above the mouth of Kentucky river. (k)

28 Feb. 1806 1. 2 Stat. 352.

of Louisiana.

490. The powers vested by law in the surveyor-general, shall extend over all the public lands of the United States, in the territory of Louisiana, to which the Indian Lands in territory title has been or hereafter shall be extinguished. It shall he the duty of the said surveyor-general to appoint a sufficient number of skilful surveyors, as his deputies in the said territory, [one of whom he shall, with the approbation of the secretary of the treasury, designate as his principal deputy for the same.](i) Which said deputies shall

date of its passage and to make payment for the same, at the times prescribed by law for the disposal of the other public lands within the state; provided, that all notices of claims be entered and money paid thereon at least three weeks before such period as may be designated for the public sale of the lands within the proper township. The time for entering lands, under this act, was extended for one year, by act 24 February 1835. 4 Stat. 753. Under the act of 1832, back pre emptions cannot lawfully be claimed by those who were not owners at the time of its passage. 3 Opin. 452.

(a) Pre-emptors for back lands, who have complied with the provisions of this act, are entitled to patents, although others may have obtained patents for the same land, pursuant to private entry. 5 Opin. 7.

28 Feb. 1806.

severally take an oath or affirmation, truly and faithfully to discharge the duties of their respective offices. [The said principal deputy shall reside and keep an office in the said territory, and shall, under the superintendence of the surveyor-general, execute or cause to be executed by the other deputies, such surveys as may hereafter be authorized by law, or as he may be directed to execute by the commissioners appointed for the purpose of ascertaining the titles and claims to land within the territory aforesaid; and shall generally perform therein, in conformity with the regulations and instructions of the said surveyor-general, the duties imposed by law on the said surveyor-general.] 491. All the plots of surveys, and all other papers and documents pertaining, or which did pertain to the office of surveyor-general under the Spanish government, within the limits of the territory aforesaid, or to any other office heretofore established or author- deposited in surveyor's office. ized, for the purpose of executing or recording surveys of lands within the said limits, shall be delivered to the principal deputy aforesaid; and no plot of survey shall be admitted as evidence in any court of justice, unless certified by the said principal deputy to be a true copy of the record in his office.

Ibid.? 2.

Documents to be

Ibid. 4.

492. The surveyor-general shall fix the compensation of the deputy surveyors, chaincarriers and axe-men, in the territory of Louisiana: Provided, That the whole expense Compensation of of surveying and marking the lines, whether paid by the United States or by individuals, officers. shall not exceed three dollars per mile, for every mile that shall be actually run, or surveyed and marked. And the principal deputy aforesaid shall be entitled to receive from individuals the following fees, that is to say: for examining and recording the surveys executed by any of the deputies, at the rate of twenty-five cents for every mile of the boundary line of such survey; and for a certified copy of any plot of a survey in his office, twenty-five cents.

2 Stat. 393.

?

ors in territory of

493. That the surveyor of the public lands south of Tennessee, be and he is hereby 21 April 1806 2 9. directed to appoint a principal deputy for each of the two land districts of the territory of Orleans;(a) whose duty it shall be to reside and keep an office in the said districts Deputy surveyrespectively; to execute, or cause to be executed by the other deputies, such surveys as Orleans. have been or may be authorized by law, or as the commissioners aforesaid may direct ; to file and record all such surveys; to form as far as practicable connected drafts of the Duties. lands granted in the district, so as to exhibit the lands remaining vacant; and generally to perform in such districts respectively, in conformity with the regulations and instructions of the said surveyor of the public lands south of the state of Tennessee, the duties imposed by law on said surveyor. And each of the said principal deputies shall receive an annual compensation of five hundred dollars, and in addition thereto the following fees, that is to say: for examining and recording the surveys executed by any of the deputies, at the rate of twenty-five cents for every mile of the boundary line of such survey; and for a certified copy of any plot of a survey in the office, twenty-five cents. 494. The surveyor-general shall cause such of the public lands in the territory of 3 March 1811 § 8. Louisiana, as the president of the United States shall direct, to be surveyed and divided in the same manner, and under the same regulations and limitations as to expenses, as How lands in ter is provided by law in relation to the lands of the United States, north-west of the river ana to be surOhio and above the mouth of Kentucky river.(b)

2 Stat. 665.

ritory of Louisi

veyed.

4 Stat. 6.

in Alabama.

495. All the lands in the state of Alabama shall be attached to the district of the 28 Feb. 1824 8 1. surveyor of the public lands in the state of Alabama, and the surveying of all public and private lands, in the said state, shall hereafter be made under his direction; and it Survey of lands shall be the duty of the deputy surveyor of the district east of the island of New Orleans, and east of Pearl river, to return the plats of all private claims within the state of Alabama, to the office of the said surveyor.

4 Stat. 418.

surveying in

496. That the surveyor-general of the states of Illinois, Missouri and the territory of 29 May 1830 1. Arkansas be and he is hereby authorized to contract for, and pay, at the rate of four dollars per mile, for the surveying of such of the public lands in the territory of Arkan- Compensation for sas, which lie on the rivers, and are so thickly covered with cane, that contracts for Arkansas. executing the surveys thereof, by suitable persons, cannot be made at the existing price: Provided, That said surveyor-general shall certify to the commissioner of the general land office, from time to time, the quantity of land, for the surveying of which, the additional compensation allowed by this act shall be contracted for, and the reasons, in his opinion, requiring the increased allowance.

4 Stat. 492.

497. A surveyor-general for the state of Louisiana shall be appointed, who shall have 3 March 1831 1. the same authority, and perform the same duties, respecting the public lands and private land claims in the state of Louisiana, as are now vested in, and required of the surveyor Surveyor-general of the lands of the United States, south of the state of Tennessee, or the principal' deputy surveyors in the said state; and that from and after the first day of May next,

of Louisiana.

(a) Office of principal deputy abolished, and duties transferred to the surveyor-general of Louisiana, by act 3 March 1831; infra, 497. (b) See supra, 208.

3 March 1831. the office of principal deputy surveyors, as created by the ninth section of the act of congress of the 21st day of April 1806, (a) entitled “An act supplementary to an act entitled 'An act for ascertaining and adjusting the titles and claims to lands within the territory of Orleans and district of Louisiana,'" be and the same are hereby abolished; and it shall be the duty of said principal deputy surveyors to surrender to the surveyorgeneral of Louisiana, or to such person or persons as he may appoint to receive the same, all the maps, books, records, field notes, documents and articles of every description, appertaining or in anywise belonging to their offices respectively.

Ibid. 24.

Deputy surveyors to be appointed.

498. The surveyor-general of Louisiana shall appoint a sufficient number of skilful and experienced surveyors as his deputies; who, with one or more good and sufficient sureties, to be approved by said surveyor-general, shall enter into bond for the faithful performance of all surveying contracts confided to them, in the penalty of double the amount of money accruing under the said contracts at the rate per mile stipulated to be Bond and oath. paid therein; and who, before entering on the performance of their duties, shall take an oath, or make affirmation, truly, faithfully and impartially, to the utmost of their skill and ability, to execute the trust confided to them; and in the event of the failure of a deputy to comply with the terms of his contract, unless such failure shall be satisfactorily shown by him to have arisen from causes beyond his control, he shall forfeit the penalty of his bond on due process of law, and ever afterwards be debarred from receiving a contract for surveying public lands in Louisiana or elsewhere.

Ibid. 25.

Office of surveyor-general. Salary.

499. The surveyor-general to be appointed in pursuance of this act shall establish his office at such place as the president of the United States may deem most expedient for the public service; and that he shall be allowed an annual salary of two thousand dollars; and that he be authorized to employ one skilful draughtsman and recording clerk, whose aggregate compensation shall not exceed one thousand five hundred dollars Fees for examin- per annum; and that the fees heretofore authorized by law for examining and recording surveys be and the same are hereby abolished. And any copy of a plat of survey, or transcript from the records of the office of the said surveyor-general, shall be admitted as Copies of papers evidence in any of the courts of the United States or territories thereof; and for every

ing and record

ing surveys abolished.

evidence.

Fees.

2 March 1805 23. 2 Stat. 326,

divided into two districts. Registers and receivers.

copy of a plat of survey, there shall be paid twenty-five cents; and for any transcript from the records of said office, there shall be paid at the rate of twenty-five cents for every hundred words, by the individuals requiring the same.

VIII. LAND offices.

500. For the purpose of more conveniently ascertaining the titles and claims to land in the territory ceded as aforesaid, the territory of Orleans shall be laid off into two disOrleans territory tricts, in such manner as the president of the United States shall direct; in each of which, he shall appoint, in the recess of the senate, but who shall be nominated at their next meeting, for their advice and consent, a register; who shall receive the same annual compensation, give security in the same manner, and in the same sums, and whose duties and authorities shall in every respect be the same in relation to the lands which shall hereafter be disposed of at their offices, as are by law provided with respect to the regis ters 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 president of the United States shall likewise appoint a recorder of land titles in the district of Louisiana, who shall give security in the same manner, and in the same sums, and shall be entitled to the same annual compensation, as the registers of the several land offices.

Recorder.

8 March 1811 23. 2 Stat. 662.

Office at New
Orleans.

At Opelousas.

For disposal of lands north of Red river.

501. For the disposal of the lands of the United States, lying in the eastern land district of the territory of Orleans, a land office shall be established at New Orleans; and for the disposal of the lands of the United States, lying south of Red river, in the western land district of the territory of Orleans, a land office shall be established at Opelousas; and for the disposal of the lands of the United States, lying north of Red river, in the western land district of the territory of Orleans, a land office shall be established, which shall be kept at such place as the president of the United States may direct. The register of the western land district of the territory of Orleans shall act as register of the land office of Opelousas, and as one of the commissioners for ascertaining the rights of persons claiming lands in any part of the said western land district. And for the land office north of the Red river, a register, and, for each of the said three offices, a receiver of public moneys, shall be appointed, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties and authority, shall in every respect be the same, in relation to the lands which shall be disposed of at their offices, as are or may be provided by law, in relation to the registers and receivers of public moneys in the several offices established for the disposal of the lands of the United States, in the territory of Mississippi

(a) See supra, 493.

siana.

502. For the disposal of the lands of the United States lying in the territory of Loui- 3 March 1811 29. siana, a land office shall be established, which shall be kept at such place as the president Land office in of the United States may direct; and a register and receiver of public moneys shall be territory of Louiappointed for said office, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties and authority, shall in every respect be the same, in relation to the lands which shall be disposed of at their office, as are or may be provided for by law in relation to the register and receiver of public moneys in the several offices established for the disposal of the lands of the United States, north-west of the river Ohio and above the mouth of Kentucky river.

503. That all that tract of country in the territory of Arkansas, (a) lying north of the 5 April 1826 3 1. base line, and west of the Lawrence land district, be and the same is hereby attached

4 Stat. 153.

ansas.

to and made a part of said land district; and all that part of the territory of Arkansas Districts in Arklying south of the base line, and west of the Arkansas land district, be and the same is hereby attached to and made a part of the Arkansas land district: Provided, That nothing in this act contained shall be construed as authorizing a survey or interference of any kind whatever upon any lands, the right whereof is in any Indian tribe.

IX. LAND SALES.

2 Stat. 394. Receiver in west

504. That the president of the United States be and he hereby is authorized, whenever 21 April 1806 3 10. he shall think it proper, to appoint a receiver of public moneys for the western district of the territory of Orleans, who shall receive the same annual compensation, give security ern district of in the same manner, and in the same sums, and whose duties and authorities shall in every Orleans. respect be the same in relation to the lands which shall hereafter be disposed of at their offices, as are by law provided with respect to the receivers of public moneys in the seve- His duties, &c. ral offices established for the disposal of the lands of the United States, north of the river Ohio and above the mouth of Kentucky river. And the said receiver, and the register of the land office, for the same district, shall, whenever the public lands within the same shall be offered for sale, be entitled to the same commissions and fees which are by law respectively allowed to the same officers, north of the river Ohio and above the mouth of Kentucky river.

lands.

Reservations.

505. That the president of the United States be and he is hereby authorized, whenever Ibid. 11. he shall think it proper, to direct so much of the public lands lying in the western district Public sales of of the territory of Orleans, as shall have been surveyed in conformity with the provisions of the act to which this act is a supplement, to be offered for sale. All such land shall, with the exception of the section "number sixteen," which shall be reserved in each township for the support of schools within the same; with the exception also of an entire township, to be located by the secretary of the treasury, for the use of a seminary of learning; and with the exception also of the salt springs, and lands contiguous thereto, which, by direction of the president of the United States, may be reserved for the future [disposal] of the said states; shall be offered for sale to the highest bidder, under the direction of the register of the land office, of the receiver of public moneys and of the principal deputy surveyor; and on such day or days as shall, by a public proclamation of the president of the United States, be designated for that purpose. The sales shall remain open for three weeks, and no longer; the lands shall be sold for a price not less than that which has been or may be fixed by law for the public lands in the Mississippi territory, and shall in every other respect be sold in tracts of the same size, on the same terms and conditions as have been or may be by law provided for the lands sold in the Mississippi territory. The superintendents of the said public sales shall receive six dollars each, for each day's attendance on the said sales. All lands, other than the reserved Remaining lands to be subject to sections, and those excepted as above mentioned, remaining unsold at the closing of the private entry. public sales, may be disposed of at private sale, by the register of the land office, in the same manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the lands of the United States in the Mississippi territory. And patents shall be obtained for all lands granted or sold Patents. in the territory of Orleans, in the same manner and on the same terms as is or may be provided by law for lands sold in the Mississippi territory.(6)

2 Stat. 663,

eastern district

506. The powers vested in the president of the United States by the eleventh section 3 March 1811 § 4 of the act entitled "An act supplementary to an act, entitled 'An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans and the dis- Sales of lands in trict of Louisiana,'” passed on the 21st day of April 1806, in relation to the public lands of Orleans. lying in the western district of the territory of Orleans, and all the other provisions made by the same section, for the sale of said lands, and for obtaining patents for the same, shall be and the same are hereby, in every respect, extended to the public lands lying in the eastern district of the territory of Orleans.

(a) See tit. "Arkansas," V. See act 5 May 1830, to authorize the registers of the several land offices in Louisiana to receive entries of lands in certain cases,

and to give to the purchasers thereof certificates for the same 4 Stat. 393.

3 March 1811 26. Public sales.

507. The land offices established by virtue of the third section of this act, shall be opened on the first day of January 1812,(a) for the sale of all the public lands, with the exception of section No. sixteen, of the salt springs and land contiguous thereto, and of the tracts reserved for the support of seminaries of learning as hereinafter provided, which shall have been previously surveyed, and the surveys thereof returned according to law to the registers of the land offices respectively. And on the first day of February 1812, (a) for the sale of such of the public lands, which, from the nature of the country, cannot be surveyed in the ordinary way, and are embraced by the provisions of the second section of this act, as shall have, at least six weeks previous to the said first day of February 1812, been advertised for sale by the surveyor of the public lands south of the state of Tennessee, with the approbation of the president of the United States. The public sales for the land, subdivided into quarter-sections in the ordinary way, shall be held for one calendar month, under the superintendence of the register and receiver of each land office respectively, and of either the surveyor of public lands south of Tennessee, or of his principal deputy surveyor in the district, who shall each receive six dollars for each day's attendance on the same; and no tract of land shall be sold at said public sales for a less price than that which is or may be prescribed by law, for the sala of public lands in the Mississippi territory. And from and after the first day of February 1812, any tract which has been thus offered for sale at public sale, and remains unsold, as well as any tract of land embraced by the provisions of the second section of this act, the sale of which is authorized by this section, may be disposed of at private sale by the register of the land office, for the same price which is or may be prescribed by law, for the sale of public lands in the Mississippi territory. All the lands sold by virtue of this section, shall in every other respect be sold on the same terms of payment and conditions, in the same manner and under the same regulations as are, or may be, prescribed by law, for the sale of public lands in the Mississippi territory: Provided however, That in case of an application being made at the same time, for the purchase at private sale of the same tract of land by two or more persons, one of whom did actually inhabit and cultivate such tract of land at the time of passing this act, and still continues to inhabit and cultivate the same at the time of such application, the preference shall be given to the person thus inhabiting and cultivating such tract of land: Lands claimed, to And provided also, That till after the final decision of congress thereon, no tract of land

Private sales.

Preference to be given to first occupant.

be reserved.

Ibid. 10.

Louisiana.

shall be offered for sale, the claim to which has been in due time and according to law, presented to the register of the land office, and filed in his office, for the purpose of being investigated by the commissioners appointed for the purpose of ascertaining the rights of persons claiming lands in the territory of Orleans; (b) or which shall have been located by or for Major-general La Fayette, according to law.

508. That the president of the United States be and he is hereby authorized, whenSales of lands in ever he shall think proper, to direct so much of the public lands lying in the territory of Louisiana, as shall have been surveyed in conformity with the eighth section of this act, to be offered for sale. All such lands shall, with the exception of the section "number sixteen," which shall be reserved in each township for the support of schools within the same; with the exception also of a tract reserved for the support of a seminary of learning, as provided for by the seventh section of this act; and with the excep‐ tion also of the salt springs and lead mines, and lands contiguous thereto, which, by the direction of the president of the United States, may be reserved for the future disposal of the said states; shall be offered for sale to the highest bidder, under the direc tion of the register of the land office and the receiver of public moneys and of the principal deputy surveyor, and on such day or days as shall, by public proclamation of the president of the United States, be designated for that purpose. The sales shall remain open for three weeks and no longer. The lands shall be sold for a price not less than that which has been or may be fixed by law for the public lands north-west of the river Ohio and above the mouth of Kentucky river; and shall in every other respect be sold in tracts of the same size, on the same terms and conditions as have been or may be by law provided for the lands sold in the state of Ohio. The superintendents of the said public sales shall each receive six dollars for each day's attendance on the said sales. All the lands which have been thus offered for sale, at public sale, remaining unsold at the closing of the public sales, may be disposed of at private sale by the register of the land office, for the same price which is or may be prescribed by law for the sale of public lands in the state of Ohio: Provided however, That, till after the decision of congress thereon, no tract of land shall be offered for sale, the claim to which has been, in due time and according to law, presented to the recorder of land titles in the district of Louisiana, and filed in his office, for the purpose of being investigated by the commissioners appointed for ascertaining the rights of persons claiming lands in the territory of Loui (a) On such day or days, as the president shall, by proclamation, designate, by act 12 December 1811. 2 Stat. 668, (b) See Opin. 92.

Private sales

Reservations.