« ForrigeFortsett »
such land which he may
aces of land, at the provided, Tha'sixty acres, tolered with the sucres
in said district, not claimed by virtue of any written evidence of purchaser of claim, legally derived from either the French, British, or Spanish sh governments, or granted as a donation by virtue of any act of inhabit, &c. congress heretofore passed, 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 Proviso ; such contain more than one hundred and sixty acres, to be located by not to contain sectional lines, and that the same shall be duly entered with the more than 160 register of the proper office, within the term of two years, or be." fore, if the same shall be offered at public sale: And provided Proviso ; evealso, Where any person is settled on, and has improved any ry person who
P reu ay, has improved school lands in said district, he, she or they, shall be governed school lands, by the provisions of the fourth section of this act. (Approved, to be governed April 22, 1826.)
tract of land
ion of this act.
CHAP. 29. An act to confirm the reports of the commissioners for ascertaining claims and
titles to lands in West Florida, and for other purposes. 81. Be it enacted, fc. That all the decisions made by the Decisions commissioners, appointed to ascertain claims and titles to lands made by the
commissionin the district of West Florida, made in favor of claimants to ers, appointed lands and lots in said district, contained in the reports, opinions, 10 ascertain
claims, &c. to and abstracts, of the commissioners, which have been transmit- lands in West ted to the secretary of the treasury, according to law, be, and Florida, the same are hereby, confirmed.
2. That all the reports, abstracts, and opinions, made and Reports, &c. forwarded by the two commissioners in said district, subsequent- warded by the
made and for ly to the first day of January, eighteen hundred and twenty-five, two commis.
sioners in said the period at which that board expired by law, be, and the same district subseare hereby, recognised as valid, and confirmed as aforesaid ; and quently to ist
January, 1825, the said commissioners, and their secretary, shall be entitled to recognised as receive the same compensation as they were authorized to de- valid, &c. mand by law, prior to that day, up to the time at which the receiver and register took possession of their records, in obedience to an act of the third day of March, eighteen hundred and twenty-five, entitled “An act to extend the time for the settlement of privale land claims in the territory of Florida,” &c.
3. That the Spanish claims contained in special reports, The Spanish from one to thirty, reported in obedience to the fourth section lained in spoo of an act of congress, approved May eighth, eighteen hundred cial reports and twenty-two, entitled " An act for ascertaining claims and titles to lands in the territory of Florida,” be, and the same are confirmed.
Vol. iii. p. hereby, confirmed to the claiinants in possession. $ 4. That the claims to lots in report and abstract K, recom- Claims to lots
in report, &c. mended for confirmation as equitable titles, with the exception marked k, of the last ten, be, and the same are hereby, declared valid and with the ex.
ception of the confirmed, and the claim of the catholic inhabitants to a lot on last 10 conwhich the church stands, be, and the same is hereby, confirmed formed, &c. to them for that use, so long as it is occupied for that purpose. . 5. That the claims contained in the report of the receiver Claims conand register, made to the secretary of the treasury, in obedience tained in the
report of the to a law of the last session of congress, dated the thirteenth day register, &c.
I to 30, alu reported. dec.
L, with the ex
of 13th July, of July, eighteen hundred and twenty-five, be, and the same are 1825, confirm- hereby, confirmed. Location of $ 6. That the claim of Francisco and Fernando Moreno, near tho claim of C of Fort San Carlos de Barancas, shall be so located as not to inter
s on Corlos de Bars Francisco, and Fernando fere with the grounds reserved by the laws and ordinances of
the Spanish government, for forts, nor with that which has been lately selected for a navy-yard and naval depot, by the navy commissioners, and approved by the president of the United
States. Claims to 57. That the claims to lots, in report L, with the exception lands in report
port of that on the square Ferdinand Seventh, be, and the same are ception of that hereby, approved and confirmed, so far as the United States have on the square Ferdinand any title to the same, without prejudice to the rights of the corSeventh, con- poration : and the lots reserved for market house, and other pubfirmod, &c.
lic uses, in the plan of the constitutional Cabildo, are relinquished and confirmed to the corporation of Pensacola; and the lots reserved and granted for church, parish, vicar, school, and customhouse, are respectively set apart and confirmed, for the objects set forth in the decrees of said Cabildo, so far as the United
States have any title to the same, without prejudice, as asoreProviso. said : Provided, That no claim on the public squares of Seville,
Ferdinand Seventh, and the square and garden on which the
court house stands, as laid off in said plan of the Cabildo, shall Proviso. be allowed or recognised as valid, by this act; And provided
also, That the confirmation of all the said claims provided for by this act, shall amount only to a relinquishment forever, on the part of the United States, of any claim whatever to the tract
of land, so confirmed or granted. Lands front- $ 3. That ihe lands fronting Pensacola Bay, from the mouth bay, from the
sacola of ihe Big Bayou, to a line below Tarlar Point, and thence back mouth of tho to the Bayou, selected by the navy commissioners, and all the
kilometo lands fronting said bay, and for one mile back, as far as the Grand Tartar Point, Lagoon, shall be reserved from sale or location, for the use of the &c. to be reserved from navy yard or depot, and for other public works of the United sale for the use of the
od Siates. $ 9. That the proper accounting officers of the treasury deAccounting pariment be, and they are hereby, authorized to receive and adofficer of ihe treasury to adjust the accounts of the commissioners appointed to ascertain just the au. claims and titles to lands in East and West Florida, for the concounts of tho commission- tingent expenses of said commissioners, and to pay the same out ers of E: and of any money in the treasury not otherwise appropriated. (Ap
proved, April 22, 1826.)
CHAP. 32. An act to extend the lines of ceriain land districts in the state of Missouri. The westorn $1. Be it enacted, &c. That the western boundary, of the boundary of the land dis
land district of Cape Girardeau, and of the western district in the trict of cape state of Missouri, be, and the same is hereby, extended to the Girardeau, and of the western boundary of the state of Missouri. (Approved, May 4, western dis. 1826.) trict, &c.
sions of the
provide for tho
debt due to the
shall have re
Cuar. 34. An act making further provision for the extinguishment of the dobi duo to the Vol. iv.p. United States, by the purchasers of public lands.
2105. 31. Be it enacted, &c. That the provisions of the act, entitled The provi"An act to provide for the extinguishment of the debt due to the ac
act, entitled United States by the purchasers of public lands," approved May “ An act to the eighteenth, one thousand eight hundred and twenty-four, and the provisions of the act, entitled "An act explanatory of an act ment of the entitled an act to provide for the extinguishment of the debt due United States to the United States by the purchasers of public lands," approv- by the pur
chasers of ed May the twenty-sixih, one thousand eight hundred and iwen- public lands, ty-four, be, and the same are hereby, severally revived and con- &c:
Vol. ii. p. tinued in force, in all respects whatsoever, until the fourth day of 1941. 1969. July, one thousand eight hundred and twenty-seven. , $ 2. That the legal holder of any certificate of lands purchas- The legal
holder of any ed from the United States, which land has reverted by virtue of berdifica the provisions of the act of the second of March, eighteen hun- any lands pur
chased by the dred and twenty-one, or the several acts supplementary iherelo; United Siales, or which, by virtue of the fifth section of the act of tenth of which land May, one thousand eight hundred, is subject to be sold for the verted by the balance due thereon with interest ; or which, under the provi- act of 2d...
March, 1821, sions of the said acı, has become forfeited 10 the United States, &c. since the first day of July, eighteen bundred and twenty, and yo
Vol. iii. p. which has not been sold, shall be permitted to redeem the saine Vol. i. p. 783. at any time previous to the first day of May, one thousand eight hundred and twenty-seven, on paying the amount of the purchase money due, exclusive of interest, with a deduction of ihir1y-seven and a half per cent. S 3. That if the legal holder of any certificate of further cre- If the legal
holder of any dit extended to purchasers of public lands by the act of the se- certificate cond of March, eighteen hundred and twenty-one, entitled “ An shall, prior to
1st July, 1827, act for the relief of the purchasers of public lands, prior to the discharge the first day of July, eighteen hundred and twenty," shall, previous amount due
** thereon, he is to the fourth day of July, eighteen hundred and twenty-seven, entitled to a discharge the amount due on such certificate, by relinquishment, remission of
interest due at or payment, or both, such holder shall be entitled to a remission the day of such of all interest due thereon at the day of such discharge, together discharge, &c. with a deduction of thirty-seven and a half per cent., on the amount actually paid in cash. (Approved, May 4, 1826.j CHAP. 36. An act to provide for the apprehension and delivery of deserters from French
ships in the ports of the United States. $1. Be it enacted, f.c. That, on the application of a consul or vice consul of France, made in writing, stating that the person On application therein named has deserted from a public or private vessel of of a consul or
vice consul of France, while in any port of the United States, and on proof, by France, made
acher in writing, the exbibition of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time the person of desertion, to the crew of said vessel, it shall be the duty of ha any court, judge, justice, or other magistrale, having competent from a public power to issue warrants, 10 cause the said person to be arrested : for examination ; and if, on the exanination, the facts slated are while in any found to be true, the person arrested, not being a citizen of the sia Vol. III.
therein named has deseried
vate ver1 of France
port of the U. States, ho
of the su
shall be deliv. United States, shall be delivered up to the consul or vice consul, ored up.
to be sent back to the dominions of France; or, on the request, and at the expense of the said consul or vice consul, shall be detained, until ihe consul or vice consul finds an opportunity to send him back to the dominions of France: Provided neverthe
less, That no person shall be detained more than three months person to be after his arrest, but at the end of that time shall be set at liberty, detained more than, &c. ***and shall not be again molested, for the same cause.
§ 2. That this act shall continue in force, so long as the conAct to be in force so long vention of the twenty-fourth of June, eighteen hundred and as the conven- twenty-two, between the United States and France, shall be mution of 24th June, 1822, be tually obligatory on the parties to it, and no longer. (Approved, obligatory. May 4, 1826.]
Chap. 37. An act for altering the time of holding the session of the supreme court of the
United States, and of the sessions of the circuit courts of the United States, for the districts
of Georgia and South Carolina. After the year $1. Be it enacted, foc. That, from and after the year one
sese thousand eight hundred and twenty-six, the session of the supremo court preme court, heretofore held on the first Monday of February changed.
annually, shall, instead thereof, be held on the second Monday of January annually; and all actions, suits, appeals, recognizances, processes, writs, and proceedings whatever, pending, or which may be pending in said court, or returnable thereto, shall have day iherein, and be heard, tried, proceeded with, and decided, in like manner as if the time of holding said session had
not been altered. Sessions of $ 2. That the sixth circuit court of the United States, for the the sixth cir: district of Georgia, which is by law appointed to be holden on cuit court of
the fourteenth day of December annually, shall hereafter be holGeorgia dis- den on the fourth Monday in November annually; and that the trict, and the sixth circuit sixth circuit court of the United States, for the district of South court for S. Carolina, which is by law appointed to be holden on the fourth Carolina district, changed. Tuesday of November, annually, shall hereafter be holden on
the second Monday in December annually; and that all process which shall have been issued, and all recognizances returnable, and all suits and other proceedings which have been continued to the said courts respectively, on the days heretofore provided by law for their meeting, shall be returned, and held continued to the said courts, at the times herein provided for ihe meeting of the said courts respectively. (Approved, May 4, 1826.) CHAP. 38. An act to alter the times of holding the circuit courts of the United States for
the district of New York, and the April term of the circuit court for the district of Connec
ticut. as of bold- $1. Be it enacted, &c. That, from and after the first day of ing the circuit July next, the circuit courts of the United States for the district courts for the
of Naty of New York shall commence and be held at the city hall of the York and city of New York, on the last Mondays in May and October inConnecticut, changed.
", stead of the times heretofore established by law. And the cir
cuit court of the United States for the district of Connecticut, holden at New Haven, shall be held on the last Wednesday in April, instead of the time heretofore established by law.
the U. S. for
remain as if no
urts of Flori
$ 2. That all indictments, informations, suits, or actions, and all indictproceedings of every kind, whether of a civil or criminal nature, men pending in the said courts, respectively, on the first day of July change had next, shall thereafter have day in court, and be proceeded in,
takon placo. heard, tried, and determined, on the days herein appointed, for holding the said courts, respectively, in the same manner as they might and ought to have been done, had the said courts been holden respectively on the days heretofore directed by law.
$ 3. That all writs, suits, actions, or recognizances, or other All writs, &c. proceedings, which are or shall be instituted, served, commence ed with as
to be proceeded, had, or taken to the said circuit courts, or either of them, to before. have been holden as heretofore directed by law, shall be returnable to, entered in, heard, tried, and have day in court, in each of the said courts, respectively, to be holden at the times by this act directed, in the same manner as might and ought to have been done, had the said courts been holden at the times heretofore directed by law. (Approved, May 13, 1826.] Chap. 46. An act to amend the several acts for the establishment of a torritorial govern. Vol. iii. p. meat in Florida.
1838. 1952 $1. Be it enacted, &c. That the superior courts of the terri- Superior tory of Florida, within their respective districts, shall have and courts exercise original jurisdiction in all civil causes, in law and equi- original juristy, whether arising under the laws of the said territory or other die
diction in mawise, where the sum in controversy shall amount to one hundred and equity, dollars; and shall have original and exclusive cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, whether such seizures be made on land or water; and of all suits for penalties and forfeitures incurred under the laws of the United States; and original, but not exclusive jurisdiction, of all suits in which the United States shall be a party, whatever may be the amount in controversy in such causes and suits; and shall have and exercise appellate jurisdiction, in all civil causes, originating in the inferior courts of said territory, whatever may be the amount in controversy; and shall have and exercise original and exclusive jurisdiction of all crimes and offences committed against the laws of the said territory, where the punishment shall be death ; and original and appellate jurisdiction of all other crimes and offences committed against the laws of the said territory; and original and exclusive jurisdiction of all crimes and offences which shall be cognizable, under the authority of the United States, committed within the respective districts of the said superior courts, or upon the high seas. § 2. That ihe said superior courts, and court of appeals, in Power given
to the superior term, and the judges thereof, in vacation, shall, respectively, courts in term, have full power and authority, in all civil causes and criminal &c. to issue
writs of hacases, 10 isuse writs of habeas corpus, of error, of certiorari, of beas corpus. mandamus, of prohibition, of scire facias, and of quo warranto, according to the principles and rules of law.
$ 3. That the said superior courts, respectively, shall be held Said superior as occasion may require, to prevent a delay of justice for the held as occatrial of causes of admiralty and maritime jurisdiction, and for sion may re