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AND GAZETTE. NORTH CAROLINA STATE Outrethe Plant of fIr delightful Peice, Unwirp'd by Fwi Ragfi tolivcllke tfr.tKri." Monday, May 9, 1803. No. 186. 33d Statbatftp. SEVENTH CONGRESS. UNITE D 'STATES. " At tbe Second Seffion B&un and held tbe Cf.'r of lValk',gtn tbe Jtxtb of December one tbaufand eifbt bun dredand tioo, ' AN ACT fee?1atin tht rrjjnts of land, nd providing fortheiifpoW of thelanis of h- Unite States, fouth of the State of TeaneiTee. RE it enaBed by the Senate and Houfe of Reprefentatives of the United States of America in Longrejs aycm. bled. That any perfon or perfons, j and the legal reprefentatives of any perfon or perfons. who were refi dent in the Miffiffippi territory on the t wenty-feventh day of Oftober, in the veaf one thoufand feven hun- J dred and ninetv-five, and who had, prior to that day, obtained either from the Britifh government of Weft Florida, or fom the Spanilh government, any warrant, or order ef furvey fdr lands lying within the faid territory, t which the Indian title had been extinguifhed, and which were on that day aftually in habited and cultivated, by fuch per fon or perfons, or for, his or their ufe, (hall be confirmed in their claims to fuch lands in the fame manner as if their titles had been completed : Provided however, That no fuch incomplete title; hall he confirmed, unlefs the perfon in whofeiname fuch warrant or order of furvey had been granted, vf as at the time of its date either the head of a family, or above'tljt age ef twentyone years. Sec. 2. And be it further enabled That to every perfon, or t the le va 1 re i r- fen t at i ve or reprefen ta tives of every perfon whobeingeither the headofa family or t wenty-one years 11 of a$e, did, on that day of the year feventeen hundred and ninety-fe. veri, when th M'ffiffippi territo ry was finally evacuated by the Spa nifh troops. aftwaHv inhabit and cultivate a traft of land in the faid territory, riot claimed by virtue ei ther - f the preceding feftion, or of any Br'tifh grant, or of the articles of agreement and ceffion between the United States and the ftate of Georgia, the faid traft of land thus inhabited and cultivated, fhall bi granted :; Provided however, That no' m -re than one tract thall be thus granted to any one perfon, and the. f,me fhall not contain more the-1 fix hundred and forty acres And provided alfo. That this donatio fh -11 not tie; mde to any perfon wh claims any other traft of land in the faid terr tdry, by Bnt. fh or ;anifh of furvey 3 virtue orany grant, or ordei Sec. 3. And be it further enabled. That every perfon, and the legal re prefentatives of every perfon, wh beinj the head of a family, or above the ae of twenty-one years, doth, at -the. time of paffing this ?ft, in haft and cultivate a traft. of land in the faid territory, not claimed by. the preceding eftions of this aft; or of any Britifh grant, or of the articles of agreement and ceffion a. bove mentioned, fliall be entitled to a preference, becoming a purcha fer from theilfuited States of fuch traft of land, at the price at Avhich the other lands of the United States :n the faid territory, are by this aft direfted to-be fold ; and payment nay be made therefor in the fame manner, .and under the-fame condi tions as direded by this aa for fuch other lards : Provided however That no intereft flH be charged upon i-ny ot the inflalments until th ey reipectively become payable. Sec. 4. And be it further enabled, u r tbe d,fPoal of the lands of theljnited States within the Miffif fippi territory, two hnd offifcrs fhalf beeftabhfhrd in the fame, one at Juch place in the county of Adams, as ih-H be defignated by th Prefi cleMt Of the United States, for th lauds lying weft of Pearf River," iometimes failed "Half way river;" and one-at fuch place in the county of Wafhit.gton. as fhall be defigna td by the Prefident of the United States, for th? lands lying eaft of -1'earl river; and for each of the Pid tes, a retofter and a receiver', of 1 ' l:lic monies (hall be appointed, ' i 1 If . 7 whofe duties and authority (ha' in every refpeft be the fame in rela tion to the Tanas which thall be dif pofed of at their offices, as are b law provided in relation to to thv regifters and the receivers of publ. monies in the fe vera 1 offices efht Jifhed for the difpolal, of the Un of the Un;ted States, north of ' nveV Ohio, and above the mouth Kentucky river. Sec? 5. Arid be it further tnafte That every perfon claiming Unds virtue of any BntifJn grant, or of , : three firft feftions of this aft,' o the articles of agreement aria ceffion between the United States and th State of Georgia, ihall, before th laft day of March, in the. year o thoufand eight hundred: and fon., deliver to the reg.fter of the lan office, within-whofe diftnft th land may be, a notice n wiitir, ftating he nature and extent of h-: claims, together with a plot of Y traft or trafts claimed, and fh all a fo, on or before that day, deliver to the faid regifter, for the purpofe of being recorded, every grant, ordr of furvey ,derd, conveyance, or other written evidence of his cliim. an'- the fame hall be recorded by the faid regifter, in books to be kept; fox that purpofe, on eceiving from the parties at the rate of twelve ami half cents for every hundred words contained in fuch written e vidence of their claim ; and if fuch perfon fhall negleft to deliver fuch notice in writing, ot his claim, to gether with a plot as arorefaid, or caufe to be recorded luch written e- vidence of, the fame, all his right, fo far as the fame is derived from the above mentioned articles of agre- ment, o- trotn the tnee n'ir. leeti. ons of this aft, fhall become void, and for ever thereafter be barred nor (hall any grant, order of furvey, deed, conveyance, or othei written evidence, which thall not be re corded as above di reeled, ever after be confidered or admitted as evi dence in any court in the United States, again ft any grant derived from the United St tes. Sec. 6. And be it furthtr tna&edy That the reiiiuer uf the land office in Adams ceunty, and two other perfons, who fhall he appointed by the Prefident of the United States alone, fhall, for the lands lyinp weft of Pearl riycrj and the regifter of the land office of Walhington county, together with two other perfons. who fhall be appointed by the Prefident of the United States alone, fhall fr the lands lying eaft of Pearl river, refpeftively becom- miftioners, for the purpofe of afct r taining the nghta of prrfons, claim. mg the benefit of the articles of a greement and ceffion between the Umted States and the Stateof Gebr. gia, or of the three firft feftions of this aft ; and the faid commiffioners fhall. previous to entering on the duties of their appointment, refptc tively take and iubfcribe the' fol lowing oath or affirmation, befoir fome perfon qualified to adminifiVi the fame . " 1 v do folemnly fwear (or affirm) that I will impar tially exercife and difcharge the du ties impofed upon me by an aft of Congrefs, entitled" An aft regulat ing the grants of land, and provid ing for the difpofa I of the lands of the United States fouth of the State of TennefJee, to the beft of my i W and judgment.' And it fhall be the duty of the faid commiffioners to meet in tKte county of Adams, and in Wafhington county a, forefaid, refpeftively, on or be fore the firft day of December next, and they fhall not adjourn to a-ny other place, or for a longer time thair three days, until the ill day 0 April; one thoufand eight hundret ; and four, until they ihall have corn completed the bufinefs of their ap pointment. A"d each board, or a ma jority of each board, fhall, in their refpeftive diftrifts, have power to hear and decide in lummary man ner, all matters refpefting fuch claims, alfo to dminifter oaths, and examine witnefles, and fuch othei tefttmony as may be adduced, and to determine thereon accoiding tt juftice and equity, which determi nation, fo far as relates to any rights deinved from the artticles of agree. ment above mentioned, of frqrft the three firft feftions of this aft, fhall be final ; ! and f orjMp Jafe .keeping of the papcrg eud evidence product d, and tecording their proceed- igs, the' faid boards refpectiyelv tall havcrpowe;to appoint a clerk , hoe duty it Jbsll be to enter in a -ok to be kept for that purpofe, "rfect and correct mjnutes of the 'Oceedings, decifions, meetinp d adjournments of the boards, ther wh the evidence or Hich furh. decifions are made; hich b'-oks iin.d papers, op thedif 'ution of thfc boards, fhall bf j'fmitted to and lodged in jhe Tcc of the Secretary of Sta'e; and ; or before fuch clerk entering or duties of his office, he fliall takt- d fuhferibe the following oath or 'Tirmation, tojwit: "I do lemnly fwcarl (or affirm, as th :afe may be) that I will truly and fiithfully enter and record ail' mi- utes, proceedings and decifions of he board f commiffioners for th' joun y of appointed lindet and by virtue of an aft of the Uni te states, entitled " An act regulating he grants of land, and pro- tding for the difpofal of the 'ands of the United States, fouth f theState of IVpnefTee,' and weJ! .nd faithfully do and- perform al! ther acts andL things in laid act .ointed out as the duty of the clerk of the faid board," which oathfhi-1' he entered on 'the minutes of th' hoard; and when it fhall appear U them that the claimant is entitled to a tract of land under the articles of agreement and ceffion wth Geort;. . afdefaid, in virtue of a Britifh 01 Spanifh grant legally and fully exc cuted, they fhall give a certifica thereof, defcribing the tract of Ian and grant, and ftating that the clai mant is confirmed in his title thereto fv virtue of the faid articles ; .which certificate, being recorded by the regifter of the land office, whof duty it fhall be to record the fan e in a book to be kept by him for th?i pu r p o fe fij; H am u q t to r elin qui fh -ment for ever, on the f&rift re united States, to any claimCwhate ver, to fuch trac of land ; and when it fhaU appear to the faid commiflio ners that the claimant is entitled to tract of land by virtue of a fettle mc'it under; the Bourbon aci of Georgia, recognized in the laid ar ticles of agreement nd ceffion, or of either of the two firft feet ions of this aft they fhall giv a certihcite thereof ftating the en cumltance of the cale, and that the claimant is entitled to receive a patent foi fuch a traft of land by virtue of this aft ; which certificate being du ly entered with the regifter of the hod office, on or brfore the hr it day of January, eighteen hundied and five, fhall entitle the party to a a entfor the faid traft, wh.ch fhall flue in like manner as is provided Sy this aft for the oi hei lands of the United StateSj without the prty .ayirig any thing therefor, except he furvey ing ex pences and the fees f office. Ad when it fhall abpear to the faid commiffioners that the claimant is entitled to a right f preemption by virtue of the hird fetti 0 b i rm ot this thr.UW h entitled bv virtue of 'he thre firfl feaions of this aft, fhall al he claimed by the holder of a Brititt a tent, legally and fullv executf c and duly recorded, in conformity he n ovifiors of v his aft, who is nr confirmed ih hisclaim by theartichs I of agreement above-mentioned, the commiffioners fhall in the ceiHfiM'4 granted to the perfoh claiming the fd4 hy vuivie of 1 his ct , ftaf v -ftenee of the adverle clai'ms, hich cafe; the oartv fhall not h -.titled to a patent, unlefs he In a: yr obtained in his favour a jud -al decifin ih a court having j 'fdjftunn therein; and for evtMv err ficate (o granted by , the boar-' efpeftively, the clerk of the boar, ranting the fame, fhall be entitle o demand ind receive of the partv to whom the fame i eranted; the f iTi of two dollars. Sec. 7. And be it further enabled. That the commiffioners afoieUid Oiall, on or before the firft Oav of December, one thoufand eight hun dred and four, make to theSecretary of the Tieafurv a full report of ail 1 she Brit'fh! grants legally and fu;l.y executed, which have been duly re- orded in conformity fo the. proVi finns 0 f this, aft, the title of which ts not confirmed to the holders 'hereof by the articles of agreement bove mentioned, ftAtmg the pre. Sf-it fituatibn of the lands, the date f fuch grants, the conditions an . pxed thereto, and how far th- me have been ulfilled; togethe. vith fuch other remai ks thereon as :hey may think proper; which re port fhall be la td before Congrels it heir next; feffion, and the lands ontained n fuch grants ftiali vc,r either wife difpofed of, until the e d of oneyear after that time. - Sec, 8. And be it further ena&ed. That !" nrmcK oftl.rfiv millio acre relerved for that purpofe by the ai tiCiCS of agreement ibove mentipn 'd, as may! be Heceffary to fatisfy the claims not; confirmed bv that agree nert, which are embraced by the two firft ) left -ons of this aft, or which may be derived frorn Britifh grants for lnds. which have not reen re-gnanrea dv tne par.nn go vernment! be, and the fame is here- r by appropriated for that purpofe; and fo much of the refidue of the faid five millions or acres, or of the nett- proceeds thereof ag may fee ne ceffary fonha purpofe fhall b?,arid the f?me lk hereby appropriated, f-r the purpofe of fatisfying,qu eting,& compenfaing, for furh othr chti& t the landsof the U. 5ta.es, iouth of theStateofT"nntlTee,not tecognized in the above mentioned articles of agreement; and which lare derivec f -m utv!aft r pit tender; af. ' f i e' State of ! Georgia, which Cogrels may hereafter thirk fit to provid for, prqvid-d " ho wever that ho othei-claims fhall be embraced by this appropr ion, but thofe, the evidencejof which fhall have, on or before; the firft dy of January next, been exhibited by the claim. ants to the Secretary ot btate, and recorded: in books to be kept?in his office for that purpofe, at tha ex. pence of the party exiiioiting the fame, who fhall pay to he perfen ei ployed by the Secretary of State fojr recording the fame, at the rate Jof twel vp and a half cents forevery undiedi words' conta ned in each kiocum-rtt thus recorded ; nor fhali jany grant, d-;ed conveyance, or o- Jther written evidence of ariy claim fa d lands, derived, or pre- ended to be derived from the State bf Georgia, and not recog-nized by he ??Mve-men tinned articles of a- teeni2nt, ever after be admit- ed- confidered as evidence in apy pf theoourts f the United States, unlefs it fhall have been exhibited rid recorded in the. manner and Ivithin the time above mentioned : nd provided alfo, that f thin nn erein contained, fhall be coriftrued 11111 1 tivii recognize or affeft the claims of i y perfon or perfons, to any of the 1 t i j nets aoove meniinea ; ana pri ded alfo, that no certificate Oiall 'granted for iandsL lyintj eaft of 1 JTtribVgv river, nor for lands u ed w ' thbut t h bou nd a ry lines) blifhed by treaty between t e : j j ' . . . . . i .u. r.UA,n . de the 1 7th day of O t- bet, in y?ar e)gd teen hundn-o ana tw , ec. 0. And belt further enabled) at; ther Secretary ofState, ..ih'r retifjf ot. the ArcVur ana mc A tt orney General for the time be , be ridthey are hereby author-zed and, empowered to! receive fuch rbpofit jons of compromise :and fet- ; !merttj as may be offered by the veral companies ot perfons claim g public lands in the territory-oF rhe United States, WiDg. foiith bf " r S ta te of Tenri effV i a r'A rf , c -orate ?or oeorsna: and teport 'heir opinion th' Treori to Congrefs 11 rnfir nrT in on. ec; id.! And be it further endffedy That a furveycr of the la ds of the ITnited States, ;Vuth of the State of Ten neflVe fhall be a ppoin ted; whofe luty it fhall be to engage a futcii Tit number of (kilful furveybrs as h-s deput-es and to catafe the Unda bove mentionedj to Which the tu ties of the Indian tribes have been, ex tin gufhed. to be fu rveyed arid divided in the manner hereaftelr di refted and tb' do arid! perfomraii fuch other afts in relation to thetaiiL lands as the furveyor-general is au? tfiorized and direfted to do in rela tion to tlv Npds lying north-weft of the river Ohio, and ?hove thei rrbuth 0 the river JC'-ritucky. , Sec. 1 1. And be it further enabled. Thar ihe lands for which certificated of any defcrinti' ri whatever, fhqll have been granted bv the mmmif' fionersj it- purinanre of the provi fiohs of th s aft, fhall, as foon aft maybe, be ftirveyed tinier the diw 1 rection of the furveyor of the iand& v of the United States, above meriti oned, in conformity tohe true te. nor and intent of fuch. certificates i and the faid furveyor fliall alfo caufer all the oihr lands of the TJhitect States, in the Miffiffippi terfir-tyj to which the Indian title has been extingtiifhed to be fu rveyed as fzt as T;ract!cable.f into townfhips, and lubdivided into half fecttons, in ihe? man ier provided for the furveyirig: of the lands of the United States fL; tuate north weft of the-riVer Ohidi and above the mouth jof Kenuckv and IhaM rahlmit to the Ir , g ners r tne ianqerhces relpefctively" en-ial &. particular plots of all the lands furveved asafoiefaidj anu fhall alfo forward copies of it he laid plot to the Secreta-y of the TreafuryTj a id he. fliall alfo, with the apprbi uon of the Secretary j fix the corri pen faticn of the deputy furvey ofs. chain carriers, and axemen : Pro vidcdjVihat the whole expence of Mi veying and marking the hues fhall no excejd fo x oUx for e every mile that fhall be aftu. lly run luiveyed and mvb d ; And provr ed that the experire of futvevirie: thof trafts of lind toiwhu h the i- tle gf rhe claimrts s confirmei bv he art-cjes-of agreeient, -or by' the wo hrft feft-'ons of this ft and thofe trails cla med under Brififix rants are- ui ii of which is to be nd to. Congrefs,; fh!! not ne av.tnced py the U' ecf t tes, hut ihall be paid to the deputy fur veyor by the parties j claiming the fame ; and that in rela don to all the Ijnds fold by the United States,; the: purchaler fh II make the ame pay ment forfurveying exbe. ces, which is direfted by law to e made for I mds fold north of the river Ohio. Sec 12. And be ttfu rther enabled, her A ife difpofed of or excepted by vir.ueofth- receding feftions o this ttlhau, with the exception of the lectionf number fixteen, Whichflball be relerved in each tow nfhip for the fupport of fchopls within the 1 a T 11 vv 1 ' 11 nr p;v f rT- . 1 1-. j . thirty, fix ! ftions, td be located in, one tody by the Secietary of the Trealurvj for .he ijle of Jefferfou college, hej offered for fale to the r,, .k-i I . . . J ,4 nylAi : of tht Governor of the Miffiffijppi territory, of - the Sui veyir of tWt lands of -the t'liited States abovl- j mentioned, arid of the. regifter of luuu VAi A 1 a v i; pltfVVa i C 'f tively , where the hnd offices ne 1 . ' . . : r . r fhall, by a public proclamation jl ' the Picfident of the U itcd -1$ Arfta natd fnt that !riimf - rr- r . - - i f v (ai s fhali emain open ai each ; lact- f r t in ee weeks, a i no longrica and all lands, , ther than the fee ij nuxr.be- iixtry5 remaining unfol. . the cl fi ;-g - f t:: txhlic isles, he d:lpoled of private tale hy ti f egiftc ces -...Ii-iyfV:- .
The Weekly Raleigh Register (Raleigh, N.C.)
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May 9, 1803, edition 1
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