own clerks; and after the first and each of the said sessions, he shall thereafter sit, upon his own adjournments, at the places aforesaid, unt'rl all the business before him shall be completed, or the time limited by this act shall have expired, of which said adjournments, and the time of holding the special sessions, aforesaid, public notice shall be given at each of the places aforesaid, and at such other places, in the state of Missouri, as he shall direct: Provided, That at either of the places aforesaid, the court may take cognizance and jurisdiction of any claim within the limits of the state: Provided, moreover, That, if there should be any person defending against the confirmation of such claim, , in such case the trial, in case he shall request the same, shall be

had at that place nearest the residence of such person defending Proviso. against such confirmation: Provided, That none of the provisions of this act shall be applied to a claim of the representatives or assignees of Jacques Clamorgan, deceased, lying between the Missouri and Mississippi rivers sand covering parts of the counties of St. Charles and Lincoln, in the state of Missouri. The district $ 13. That the district judge for the state of Missouri shall, iot8eV800doi- while >n lne discharge of the duties imposed by this act, be allaraperan- lowed at the rate of eight hundred dollars per annum, in atlilition to his salary as district judge for the state of Missouri, which shall be in full for his services.

■taMoVthk'1* ^ ^nat a" the Provis'ons °f tms act shall extend to, and acTto°extend be applicable to, the territory of Arkansas; and, for the purpose !e'rr1tortlor of finally settling and adjusting the titles and claims to lands Arkansas. derived from the French and Spanish governments, respectively, the superior court for the territory of Arkansas, shall have, hold, and exercise jurisdiction in all cases, in the same manner, and under the same restrictions and regulations, in all respects, as by this act is given to the district court for the state of MissouThe judges of ri; an(j tne judges of the superior court, clerk of said court,

the superior , , i • r i Tt • t tn r i • . 5

court,clerk, marshal, and district attorney of the United States, lor the said diMrictattol ter"loryr shall, severally, perform the same duties, and have the ney, toper- same powers in relation to the claims to land presented and prod°ut?oshandme secuteu" m said, court, in the territory of Arkansas, as is herein have t'he »amc provided with regard to the titles and claims to land presented otherlcase«"1 and prosecuted in the district court for the stale of Missouri, and the judges of said superior court, the clerk, marshal, and district attorney, shall, each, severally, receive tlie same fees, emoluments, and compensation for their services, as is in this act provided, in regard to the district judge, clerk, marshal, and district attorney in the state of Missouri; and the said court shall commence its first session on tlfe first Monday in October next, at Little Rock, in the territory of Arkansas; and, afterwards, shall sit upon its own adjournments at the place aforesaid, until all the business before it shall be completed, or the time limited by this act shall have expired; of which public notice shall be given, as is provided in this act, in relation to the district Proviso. court of the state of Missouri: Provided, That in all cases of a decree against the United States, for a greater quantity of land than five hundred acres, in the superior court of Arkansas, it shall be the duty of the attorney of the United States, to transmil to the attorney general of the United States, as goon as may be, a like statement of the facts and points of law in the case, as is required of the district attorney of Missouri, and the same right of appeal, from the decisions of the court in Arkansas, shall be allowed to each party, that are prescribed in relation to decisions in the district court of Missouri. Former sec

$ 15. That none of the provisions of the fourteenth section llon no, ,„„. shall extend to claims of a larger amount than one league square. u> claim* [Approved, May 26, 1824.J league square.

Chap. 174. An act providing for the disposition oftliree several (recta of lands in Tuscarawas counly, in the state of Ohio, and for other purposes.

$ 1. Be it enacted, That the three several tracts of land, Jfh|"d,r*n^,lw lying in the county of Tuscarawas, in the state of Ohio, lately "ountyofTusretroceded to the United Slates by the Society of United Brelh- f"*^"^'0' ren, for propagating ihe gospel among the heathen, shall be sur- ed and*"a!dy" veyed and laid off into such lots, having regard to the existing oirinto ,oUsurveys And improvements thereon, as will best conduce to the sale thereof: Provided, That the lots and tracts which the Unit- Proviso, ed Stales are bound lo convey to the said society, shall be laid off according to the contract for retrocession: And provided al- Pr0,1,0J ao, that a suitable number of in lots and oat lots, in the town of Gnadenhutten, shall be laid off for said town, embracing the improved part thereof, and the fields adjoining, now occupied by the inhabitants, which shall be platted and numbered, and a copy recorded in said county, according to the laws of Ohio.

& 2. That the secretary of the treasury shall be, and is here- An a*enl t0.

. * . j • ■ , i i if • I t .-. he appointed

by, authorized to appoint an agent, who shall reside near the said to reside near land, whose duty it shall be to superintend and direct the survey "ljjr'",jj"du* of said land and lots; to receive and pay over to the treasury the ag^m. rents due, and to become due, on said lands; to take possession of such parts of said lands as may be forfeited by the tenants, by reason of non-performnnce of the covenants in their leases, to ascertain the actual cash value of each of the lots and town lots, with the improvements thereon, and, also, the value of each, subject to the conditions of the lease outstanding on it, by the aid of two disinterested appraisers, to be selected by the secretary of the treasury, to ascertain the award to be made to Isaac Simners, . Jesse Walton, Barzillai Walton, Jesse Hill, and Boaz Walton, according to their leases; to receive a surrender of such of (he leases outstanding on such' lands as the holders thereof may be disposed to make, who have, or shall first comply with the conditions of their leases, up to the time bf the surrender; to superintend the sale of said lands and lots, and to transfer to' the parchasers who shall buy any of said land or lots, subject to the leases thereon, the lease of the lot or land so bought; and to do whatever else may be necessary to effect a speedy and advanta^ geous disposition of said lands and lots.

$ 3. That a right of pre-emption shall be allowed to John ^Suontoto Andreas, John Neigamen, Jacob Winsh, and Catharine Tschudy, allowed John at the real cash value of the lots occupied by them, according ^J^"*" TM* to the stipulations of the said agreement for retrocession, and to

Vol. HI. 227

The usual

ground for streets and alleys in said town, to be allowed for public use.

After the sur-
veys are made,
value ascer-
tained, and the
school lands
the agent shall
give notice
through car-


any of the lessees, for any lot embracing their lease; and, also, to the said society of United Brethren, for any of the remaining lots, or town lots, to an amount not exceeding the amount stipulated to be paid to them by the United States: Provided, That any of the persons entitled to pre-emption, who shall be desirous lo avail themselves of such right, shall give notice to the said agent of such their intention before the cash value of the lots is ascertained; and, in the case of'the lessees, shall, at or before the time of giving such notice, pay all arrears of rent, and surrender their leases; and shall, immediately after the said cash value is ascertained, be entitled to a patent for the lot or land to which they are entitled, as aforesaid, on paying the amount of such cash value; or, in the case of the Society, on their executing and delivering to said agent a discharge to the United States, for so much as said lot or land, whereto a pre-emption is claimed, shall amount to, on account of any sum to become due them by reason of the stipulations in said retrocession; and no right to such pre-emption shall be considered as extending beyond the time of commencing the sale of said lands, as hereinafter directed.

$ 4. That the secretary of the treasury may cause to be designated, and allowed for public use, the usual ground for streets and alleys in said town, for public ground, and for schools; and may, moreover, cause to be designated and set apart, one lot in each of said tracts, not exceeding one thirty-sixth part of each, the title whereof shall be vested in the legislature of the state of Ohio, and held in trust for the use of schools, in the same manner as other lands granted by the United States for the use of schools, are held in that state.

§ 5. That, immediately after the said surveys shall be completed, the cash value.ascertained, and the school lands designated, the said agent shall give notice, by advertisement in one newspaper in Washington city, and one in Steubenville, one in Zanesville, and one in New Philadelphia, Ohio, of the time, not less than sixty days from the first publication, when he will offer the said lands and lots for sale, at public vendue, at the court house in New Philadelphia aforesaid; and shall, at such time and place, proceed to oflier for sale, to the highest bidder, any of said lands or lots, remaining undisposed of, in the manner hereinbefore provided for; and none of said lots, or land, shall be put up at a less sum than the actual cash value ascertained as aforesaid; and in case any of said lessees shall have failed, or refused to surrender their, leases, the sale shall be made subject to those leases; and each purchaser who may purchase at such sale, shall immediately pay to the said agent the amount of his purchase, and take his receipt for the amount, specifying the lot or land purchased; upon which the purchaser shall be entitled to a patent as other purchasers of public lands are: but in case any purchaser shall tail to make his payment as aforesaid, at or before the close of the sale, he shall be considered as having forfeited his purchase, and the land struck off <o him shall be again offered for sale, in the same manner as if it had never been struck off: and trie said agent, immediately after the close of such sale, shall pay over the money received at such sale, and for rent,'to the United States, an.d report all his proceedings to the general land office; and the president shall be, and he is hereby, authorized, whenever the boundaries of the several lots stipulated to be conveyed to the said society shall be ascertained, to issue patents therefor to said society.

$ 6. That the agent herein provided for, shall take an oath of Said agent to office, and give bond and security, in such sum and form as the ^„i^^usecretary of the treasury may direct, and be allowed and paid r>«yfor his services a salary at the rate of six hundred dollars per an- J0<j|"coiv°600 num: Provided, That said office shall not continue longer than num. P°r is necessary to perform the duties herein required, and not long- Proviso, er than one year; and said salary, together with the incidental expenses attending the said survey and sale, shall be charged to the fund to be raised by the sale of said lots and land. The said appraisers shall be allowed the sum of two dollars for each day actually employed in the appraisement aforesaid, and neither the ■ said agent nor appraisers shall be at liberty to purchase any of the said lands or lots.

$ 7. That, if any such land or lots remain unsold at public auction, as aforesaid, the same shall be subject to entry and sale unsold at pubat the land office in Zanesville, in Ohio, at the actual cash price, ^""""j. ascertained as aforesaid, in the same manner that other lands of jecttoentry the United States are authorized to be entered; and it shall be ^nd'office'in* the duty of the accounting officers of the treasury department to Zanesville. keep a separate account of the proceeds of the lots and lands ^"'^J^*0 aforesaid, and of all moneys received and disbursed on account officerVonhe thereof; and, after the expenses of survey and sale of said lots Ure**urT' and land shall be reimbursed, it shall be the duty of the secretary of the treasury to pay to the said society the sums stipulated to be paid them, and for which they shall not have taken lands and lots as herein before provided for; to pay to the said Simners, Hill, and Waltons, the sums awarded to them; and then to credit the residue of the proceeds of said lots and lands, as they shall be received, to the fund for raising the annuity for the christian Indians, so called, in the manner stipulated in the agreement entered into with them on the eighth of November, one thousand eight hundred and twenty-three. Counetobe

$8. That, whenever the said christian Indians shall notify pU0rTMdby the the president of the United States that they wish to remove from ^'{^"V"their present residence, on the river Thames, into the territory of tuwindian"*" the United Slates, it shall be lawful for the president to desig- <«•* disposinate a reservation of not less than twenty-four thousand acres fr°m1°,TM,TM!of land, to be held by the said Indians in the usual manner of ^^'xhamei Indian reservations, so long as they shall live thereon; and from the time said Indians shall remove on to said reservation, the said annuity shall cease. [Approved, May 26, 1824.]

Chap. 175. An act supplementary to the several acts providing for ascertaining and adjusting the titles and claims to land in the Si. Helena and Jackson court house land districts.

$ I. Be it enacted, fyc. That the claimants of lands within the c^^'.of limits of the land district of St. Helena, as established by th*e the hZ\$ of th« land die- act of the twenty-fifth of April, one thousand eight hundred HeiemJ lo'be and twelve, entitled "An net for ascertaining the titles and allowed until claims to lands in that part of Louisiana, which lies east of the uaryuMi,*w river Mississippi, and island of New Orleans, whose claims have been presented to the commissioner appointed to receive and examine claims and titles to lands in said district, or to the register and receiver, acting as commissioners, under the provisions of the act of^the third of March, one thousand eight hun• dred and nineteen, entitled "An act for adjusting the claims to lands, and establishing land offices in the districts east of the island of New Orleans, and which have not been reported to congress, or whose claims have not been heretofore presented to the said commissioner; or to the register and receiver, acting as commissioners, be allowed until the first day of January next, to present their titles and claims, and the evidence in support of the same, to the register and receiver of the said district, whose powers and duties, in relation to the same, shall, in all respects, be governed by the provisions of the acts before recited, and of the act of the eighth of May, one thousand eight hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting the claims to lann, and establishing land offices in the districts east of the island of New Orleans." The "kjj* $ 2. That the said register and receiver shall have power to to appoint a appoint a clerk, who shall be a person capable of translating the clerk. French and Spanish languages, and who shall perform the duty of translator, and such other duty as may be required by said register and receiver; and the said register and receiver shall

Compensa- eac|, oe allowed, as a compensation for their services, in relation or the re- . L ■ I I • 1 r I • I r I

ttitter and re- ttoti to the said claims, and lor the services to be performed unceiter. ^er ti,e provisions of the several acts to which this is a supplement, at the rate of one thousand dollars a year; and the clerk .Compenia- at the rate of twelve hundred and fifty dollars a year; and the clerk"' lt>" clerk employed by the said register and receiver, last year, shall W allowed, for the services then rendered by him, nine months' salary, at the same rate; which several sums of money shall be paid out of any money in the treasury not otherwise appropriatProriio. ed: Provided, That not more than two years' compensation be thus allowed to either the register and receiver or their clerk; and the payment of the whole, or any portion, of the aforesaid compensation, may be withheld by the secretary of the treasury, until a report shall have been made to him, of the performance pf the services for which the same is allowed. b^DaWaaid'0 ^ c'erk employed by the register and receiver of

cierk*'forpublic moneys at St. Helena court house, be allowed the sura *j«a«ndered 0f 0ne thousand dollars for the services performed by him, as IM^'and*TM clerk to the said register and receiver of public moneys, during I823- the year one thousand eight hundred and twenty-two, and one

thousand eight hundred and twenty-three. Deputy »or- $ 4. That the principal deputy surveyor of the United States, "/."htrTibe ^or the St< He)ena district, shall reside at such place, in the said preaident may district, as shall be designated by the president of the United ii»k proper. States [Approved, May 26, 1824.]


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