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in Florida, and recommended for confirmation by said commissioners, and by the register and receiver, be, and the same are hereby, confirmed to the extent of the quantity contained in one league square, to be located by the claimants, or their agents, within the limits of such claims or surveys filed, as aforesaid, before the said commissioners, or receiver and register, which location shall be made within the bounds of the original grant, in quantities of not less than one section and to be bounded by sectional lines.

square to be

§ 2. And be it further enacted, That no more than the quantity No more than of acres contained in a league square, shall be confirmed within a league the bounds of any one grant; and no confirmation shall be effec- confirmed tual until all the parties in interest, under the original grant, shall within any file with the register and receiver of the district where the one grant, grant &c. may be situated, a full and final release of all claim to the residue contained in the grant; and where there shall be any minors incapable of acting within said territory of Florida, a relinquishment by the legal guardian shall be sufficient; and thereafter the excess in said grants, respectively, shall be liable to be sold as other public lands of the United States.

made by the

firmed.

§ 3. And be it further enacted, That all the decisions made by Decisions the register and receiver for the district of East Florida, acting, register, &c. ex officio, as commissioners, in pursuance of an act of Congress, of the district approved the eighth of February, one thousand eight hundred of East and twenty-seven, authorising them to ascertain and decide claims Florida conand titles to lands in the district aforesaid, and those recommended Act of 1827, for confirmation under the quantity of three thousand five hun- ch. 166, vol. dred acres, contained in the reports, abstracts and opinions, of 3, p. 2043. the said register and receiver, transmitted to the secretary of the treasury, according to law, and referred by him to Congress, on the twenty-ninth January, one thousand eight hundred and twenty eight, be, and the same are hereby, confirmed. The confirmations authorised by this act shall operate only as a release of any claim had by the United States, and not to affect the interest of third persons.

decide the

§ 4. And be it further enacted, That the said register and Register and receiver shall continue to examine and decide the remaining receiver to claims in East Florida, subject to the same limitations and in examine and conformity with the provisions of the several acts of Congress, remaining for the adjustment of private land claims in Florida, until the first claims in East Monday in December next, when they shall make a final report Florida, &c. of all the claims, aforesaid, in said district, to the secretary of the treasury; and it shall never be lawful, after that time, for any of the claimants to exhibit any further evidence in support of said claims. And the said register and receiver, and clerk, shall receive the compensation provided in the act aforesaid, to be paid out of any money in the treasury not otherwise appropriated: Provided, That the extra compensation of one thousand dollars, Proviso. each, which is hereby allowed to the register and receiver, for services under and by the provisions of this act, shall not be paid until a report of all the claims be made to the secretary of the treasury.

§ 5. And be it further enacted, That the proper accounting officers Accounting

treasury de

officers of the of the treasury be, and they are hereby, authorised to adjust and pay the accounts of the register and receiver, acting as commissioners, their contingent expenses, and the receiver the compensation heretofore allowed for bringing their reports to Washington, out of any money in the treasury not otherwise appropriated.

partment to adjust the accounts of the register and receiver.

Claims to land

within the territory of Florida, not

under the pro

act to be decided by the judge of the

S. C.

§ 6. And be it further enacted, That all claims to land within the Territory of Florida, embraced by the treaty between Spain and the United States of the twenty-second of February, one thousand eight hundred and nineteen, which shall not be decided decided and and finally settled under the foregoing provisions of this act, finally settled containing a greater quantity of land than the commissioners visions of this were authorised to decide, and above the amount confirmed by this act: and which have not been reported, as antedated or forged by said commissioners, or register and receiver acting as such, shall be received and adjudicated, by the Judge of the Superior Court of the district within which the land lies, upon the petition of the claimant, according to the forms, rules, regulations, conditions, restrictions, and limitations prescribed by the district judge, and claimants in the state of Missouri, by act of Congress, approved May twenty-sixth, eighteen hundred and twenty-four, entitled "An act enabling the claimants to land within the limits of the state of Missouri, and territory of ArkanAct of 1824, sas, to institute proceedings to try the validity of their claims :"* ch. 173, vol. 3, Provided, That nothing in this section shall be construed to authop. 1959. rise said judges to take cognizance of any claim annulled by the said Proviso. treaty, or the decree ratifying the same by the King of Spain, nor any claim not presented to the commissioners or register and receiver, in conformity to the several acts of Congress, providing for the settlement of private land claims in Florida.

Claimant to

§ 7. And be it further enacted, That it shall be lawful for the lands, to take claimants to lands, as aforesaid, to take an appeal, as directed in an appeal, to the S.C.of the the act aforesaid, from the decision of the judge of the district, U.S. within to the Supreme Court of the United States, within four months four months, after the decision shall be pronounced; and the said judges shall each be entitled to receive the extra compensation given to the district judge of Missouri, for the performance of the duties required by this act, out of any money in the treasury not otherwise appropriated.

&c.

Costs to abide the decision.

District attor

ney of the U. S., where the

decision is

against the U.

§ 8. And be it further enacted, That so much of the said act, the provisions of which, so far as they are applicable, and are not altered by this act, are hereby extended to the territory of Florida, as subjects the claimants to the payment of costs in any case where the decision may be in favour of their claims, be, and the same is hereby, repealed; and the costs shall abide the decision of the cause as in ordinary causes before the said Court. And so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the Court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed.

§ 9. And be it further enacted, That it shall be the duty of the attorney of the United States for the district in which the suits authorised by this act shall be instituted, in every case where the decision is against the United States, to make out and transmit

to the attorney general of the United States, a statement, con- S. to transmit taining the facts of the case, and the points of law on which the to the attor ney general a same was decided; and it shall be the duty of the attorney statement of general, in all cases where the claim exceeds one league square, the facts, &c. and in all other cases, if he shall in such latter cases think the decision of the district judge is erroneous, to direct an appeal to be made to the Supreme Court of the United States, and to appear for the United States, and prosecute such appeal; which appeal in behalf of the United States may be granted at any time within six months after the rendition of the judgment appealed from, or at any time before the expiration of the term thereof, which may commence next after the expiration of said six months; and it shall be the further duty of the district attorney to observe the instruction given to him by the attorney general in that respect.

agent to su

interests of the U. S. Said agent to

§ 10. And be it further enacted, That it shall be lawful for the President of President of the United States to appoint a law agent, whose the U.S. to apspecial duty it shall be to superintend the interests of the United point a law States, in the premises, to continue him in place as long as the perintend the public interest requires his continuance; and to allow such pay to the agent as the President shall think reasonable. It shall also be the duty of said agent to collect testimony in behalf of the collect testiUnited States, and to attend, on all occasions, when said claim- mony in beants may take depositions; and no deposition so taken by them half of the U. shall be read as evidence, unless said agent or district attorney S., &c. shall have been notified, in writing, of the time and place of taking them, so long previous to said time as to afford to him an opportunity of being present.

dent to ap

§11. And be it further enacted, That it shall be lawful for the The Presi President to employ assistant counsel, if in his opinion the public point assistinterest shall require the same; and to allow to such counsel and ant counsel, the district attorney, such compensation as he may think reason- &c. able.

not prosecut

§ 12. And be it further enacted, That any claims to lands, Claims to tenements, and hereditaments, within the purview of this act, lands, &c. forwhich shall not be brought by petition before said court within ever barred, if one year from the passage of this act, or which, after being brought ed to a final before said court, shall, on account of the neglect or delay of the decision withclaimant, not be prosecuted to a final decision within two years, shall be forever barred, both at law and in equity; and no other action at common law, or proceeding in equity, shall ever thereafter be sustained in any court whatever.

in two years.

tween the U.

§ 13. And be it further enacted, That the decrees which may Decrees conbe rendered by said district, or the Supreme Court of the United clusive beStates, shall be conclusive between the United States and the S. and said said claimants only, and shall not affect the interests of third claimants, persons.-[Approved, 23 May, 1828.]

CHAP. 71. An Act for the Relief of Purchasers of the Public Lands,

that have reverted for nonpayment of the purchase money.

only.

§ 1. Be it enacted, &c. That, in all cases where public lands Where public have been purchased, on which a further credit has not been lands have

reverted, or

are liable to

revert, to the ure to pay the

U. S. for fail

purchase money, regis ter to give certificate of

former posses.

sion.

*Act of 1821,

ch. 150. Vol. 3, p. 1807.

Commission

er of the general land office

to prescribe the form of such certificates.

Said certifi cates, when

the

taken under the provisions of the act of the second of March, one thousand eight hundred and twenty-one,* and have reverted, or are liable to revert, to the United States, for failure to pay purchase money, or have been sold by the United States by reason of such failure to pay, and in all cases where one-twentieth of the purchase money shall have been deposited and forfeited to the United States, it shall be the duty of the register of the land office, where the purchase or deposit was made, to issue, upon application, to the person, or persons, legally entitled to the benefit of the payments made previous to such reversion or sale, his, her, or their legal representatives or assigns, a certificate for the amount so paid, and not refunded, which shall be received and credited as cash in payment of any public land that has been heretofore, or may hereafter be, sold by the United States, in the state or territory in which such original purchase or deposit was made.

§ 2. And be it further enacted, That it shall be the duty of the commissioner of the general land office to prescribe the form of such certificates, which shall, in every case, specify the tract or tracts of land so reverted or sold, the amount paid, date of payments, and by whom made; and it shall be the duty of the register issuing such certificates, to keep a record of the same, and to forward to the general land office, at the close of each month, an abstract of the certificates issued during the month; and for each certificate, the officer issuing the same shall be entitled to receive, from the applicant, the sum of fifty cents.

§ 3. And be it further enacted, That the said certificates, when received in payment for lands, shall be entered in the books of received in the land office, where received, and transmitted with the accounts payment for lands, entered of the receiver of the public moneys, to the general land office, and transmit and in such manner as the commissioner of said office shall ted to the prescribe; and if, upon comparison of the original with the general land office. returns from the office whence any certificate issued, it shall appear to the satisfaction of the said commissioner, that such certificate has been issued and duly paid, according to the true intent and meaning of this act, the same shall be passed to the credit of the person paying the same as so much cash.

On lands sold

the certificate

§ 4. And be it further enacted, That, for any moneys forfeited, at New York on lands sold at New York or Pittsburg, the certificate shall be or Pittsburg, issued by the secretary of the treasury; which certificate shall shall be issued be received in payment for lands at any of the land offices of the by the secre- United States, as the certificates issued in conformity to the tary of the foregoing provisions of this act are made receivable.

treasury.

Certificate

§ 5. And be it further enacted, That, in no case, shall a certionly to be is ficate be issued to any person, except to the person who origisued to person nally forfeited the lands, or to his heir or heirs; nor shall a who origi- grant issue, or the lands purchased with any scrip be transferred, nally forfeited until six months after the certificate shall have been deposited in the lands, or to his heirs. the office.

Tract of land paid for in forged or

altered certifi. cates, sale void.

§ 6. And be it further enacted, That, if any tract of land returned as sold to the general land office, shall have been paid for in forged or altered certificates, such sale shall be void, and the land subject to be sold again, at public or private sale, as the

case may be; and in case any such forged or altered certificate shall be received upon any debt for land heretofore sold, or in part payment of any tract of land that may be hereafter sold, it shall be the duty of the commissioner of the general land office, by advertisement, or in such other manner as he shall direct, to give notice thereof to the person making such payment; and if, within six months after notice, such person shall not pay into the proper land office the amount so falsely paid, the tract of land upon which such payment was made, shall, with all money actually paid thereon, be forfeited to the United States.

§ 7. And be it further enacted, That, where two or more Where two or more persons, persons have become purchasers of a section or fractional section, purchasers of the register of the land office for the district in which the lands a section or lie, shall, on application of the parties, and a surrender of the fractional secoriginal certificate, issue separate certificates, of the same date tion, register may give sepwith the original, to each of the purchasers, or their assignees, in arate certifi conformity with the division agreed on by them: Provided, That, cates. in no case, shall the fractions so purchased be divided by other Proviso. than North and South, or East and West lines; nor shall any certificate issue for less than eighty acres.-[Approved, 23 May, 1828.]

CHAP. 72. An Act to provide for extending the term of certain Pensions chargeable on the Navy and Privateer Pension Fund.

extended.

§ 1. Be it enacted, &c. That in all cases where provision has The term of been made, by law, for the five years' half pay to the widows certain penand children of officers, seamen and marines, who were killed sions to be in battle, or who died in the naval service of the United States during the last war; and also, in all cases where provision has been made for extending the term for five years in addition to any term of five years, the said provision shall be further extended for an additional term of five years, to commence at the end of the current or last expired term of five years in each case, respectively; making the provision equal to twenty years' half pay; which shall be paid out of the fund heretofore provided by law and the said pensions shall cease for the causes mentioned in the laws providing the same, respectively.

nued.

§ 2. And be it further enacted, That the pensions of all widows, Other penwho now are, or who, at any time within one year last past have sions contibeen in the receipt thereof, under the provision of the following laws of the United States, or either of them, to wit: An act passed March the fourth, one thousand eight hundred and fourteen, entitled " An act giving pensions to the orphans and widows of the persons slain in the public or private armed vessels of the United States,*" and an act, passed April the sixteenth, one thou- *Act of sand eight hundred and eighteen, entitled "An act in addition to 1814, ch. 79, an act giving pensions to the orphans and widows of persons 1999. slain in the public or private armed vessels of the United States," +Act of 1818, so far as regards persons receiving pensions from the fund arising ch. 60, vol. 3, from captures and salvage, made by the private armed vessels of p. 1673. the United States, be and the same are hereby continued, under the restrictions and regulations in the said acts contained, for and during the additional term of five years, from and after the

vol. 2, p.

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