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II. 1st sess.
13.

27th March,
1792.
Grant of
land to
Nicholas F.
Westfall,

Resolution,

23d April, 1783.

Lands pro

mised to refugees from Canada.

Sec. 6. That there be granted to Nicholas Ferdinand Westfall, who left the British service and joined the army of the United States, during the late war, one hundred acres of unappropriated land in the western territory of the United States, free of all charges.*

(3) Refugees from Canada and Nova Scotia.

Whenever Congress can consistently make grants of land, they will reward, in this way, as far as may be consistent, the officers, men and others, refugees from Canada.

Whenever Congress can consistently make grants Resolution, of land, they will reward, in this way, as far as may be consistent, such refugees from Nova Scotia, as may be disposed to live in the Western countryt.

13th April, 1785. Lands promised to refugees from Nova Scotia.

V. 43.

7th April,

1798.

Secretary of

war to give notice to claimants.

What de

Sec. 1. To satisfy the claims of certain persons, claiming lands, under the resolutions of Congress, of the twenty-third of April, one thousand seven hundred and eighty-three, and the thirteenth of April, one thousand seven hundred and eighty-five, as refugees from the British provinces of Canada and Nova Scotia, the secretary of the department of war is hereby authorised and directed, to give notice, in one or more of the public papers of each of the states of Vermont, Massachusetts, New York, New Hampshire and Pennsylvania, to all persons having claims, under the said resolutions, to transmit to the war-office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress.

Sec. 2. No other persons shall be entitled to the scriptions of benefit of the provisions of the act, than those of the persons are following descriptions, or their widows and heirs, viz: benefit of the First, those heads of families, and single persons, not members of any such families, who were residents in

entitled to the

act.

This appears to be the only grant, made in pursuance of the preceding resolutions.

That part of the ordinance of May, 1785, which reserved three townships, on lake Erie, for the use of the refugees, is omitted; the same not having been carried into effect, and other lands having been appropriated in lieu thereof, by the act of 7th April, 1798.

one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the United Colonies or States, in the revolutionary war against Great Britain, or with intention to give such aid, and continued in the United States, or in their service, during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth of November, one thousand seven hundred and eightythree. Secondly, the widows and heirs of all such persons as were actual residents, as aforesaid, who abandoned their settlements, as aforesaid, and died within the United States, or in their service, during the said war. And, thirdly, all persons who were members of families at the time of their coming into the United States, and who, during the war, entered into their service.

Sec. 3. The proof of the several circumstances Before whom proof of facts necessary to entitle the applicants to the benefits of may be taken. this act, may be taken before a judge of the supreme or district court of the United States, or a judge of the supreme or superior court, or the first justice or first judge of the court of common-pleas or countycourt of any state.

cretary and

upon the

Sec. 4. At the expiration of fifteen months, from Secretary of and after the passing of this act, and from time to war and setime thereafter, it shall be the duty of the secretary comptroller of for the department of war, to lay such evidence of the treasury claims, as he may have received, before the secretary to examine and comptroller of the treasury, and, with them, pro. and report ceed to examine the testimony and give their judg- claim. ment, what quantity of land ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices and sufferings, in consequence of their attachment to the cause of the United States; allowing, to those of the first class, a quantity not exceeding one thousand acres; and to judgment the last class, a quantity not exceeding one hundred, thereon is to making such intermediate classes, as the resolutions regulated aforesaid and distributive justice may, in their judg ment, require; and make report thereof to Congress. And in case any such claimant shall have sustained such losses and sufferings, or performed such ser

In what mab、

ner their

Claims not assignable until grants are made.

Limitation of claims.

vices for the United States, that he cannot justly be classed in any one general class, a separate report shall be made of his circumstances, together with the quantity of land that ought to be allowed him, having reference to the foregoing ratio: Provided, That in considering what compensation ought to be made, by virtue of this act, all grants, except military grants, which may have been made by the United States, or individual States, shall be considered at the just value thereof, at the time the same were made, respectively, either in whole or in part, as the case may be, a satisfaction to those who may have received the same: Provided also, That no claim, under this law, shall be assignable until after report made to Congress, as aforesaid, and until the said lands be granted to the persons entitled to the benefit of this act.

Sec. 5. All claims, in virtue of said resolutions of Congress, which shall not be exhibited, as aforesaid, within the time by this act limited, shall forever thereafter be barred.*

VI. 76. 18th Feb. 1801. Survey of

lands for the

Sec. 1. The surveyor-general is hereby directed to cause those fractional townships of the sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first and twenty-second ranges of townships, which refugees from join the southern boundary line of the military lands, Canada, &c. to be sub-divided into half sections, containing three to be made. hundred and twenty acres each; and to return a survey and description of the same to the secretary of the treasury, on or before the first Monday of December next; and the said lands are hereby set apart and reserved for the purpose of satisfying the claims of persons, entitled to lands, under the act, intituled, "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia."

Priority of locations

Sec. 2. The secretary of the treasury shall, within thirty days after the survey of the lands shall have how regulat. been returned to him as aforesaid, proceed to determine, by lot, to be drawn in the presence of the se cretaries of state and of war, the priority of location

ed.

Time afterwards extended till 24th Feb. 1812.

of the persons entitled to lands as aforesaid. The persons, thus entitled, shall severally make their lo

cation on the second Tuesday of January next, and Patents to be the patents for the lands thus located, shall be grant- granted withed in the manner directed for military lands, without out fees. requiring any fee whatever.

Sec. 3. The following persons, claiming land under Quantities of land assigned the abovementioned act, shall respectively be entitled to the refuto the following quantities of land; that is to say; gees named Martha Walker, widow of Thomas Walker, John herein, Edgar, P. Francis Cazeau, John Allan and Seth Harding, respectively, two thousand two hundred and forty acres each; Jonathan Eddy, colonel James Livingston and Parker Clark, respectively, one thousand two hundred and eighty acres each; and the heirs of John Dodge, one thousand two hundred and eighty acres; Thomas Faulkner, Edward Faulkner, David Gay, Martin Brooks, lieutenant-colonel Bradford, Noah Miller, Joshua Lamb, Atwood Fales, John Starr, William How, Ebenezer Gardner, Lewis F. Delesdernier, John Mc Cown and Jonas C. Minot, respectively, nine hundred and sixty acres each; and the heirs of Simeon Chester, nine hundred and sixty acres; Jacob Vander Heyden, John Livingston, James Crawford, Isaac Danks, major B. Von Heer, Benjamin Thompson, Joseph Bindon, Joseph Levittre, lieutenant William Maxwell, John D. Mercier, James Price, Seth Noble, Martha Bogart, relict of Abraham Bogart, and formerly relict of Daniel Tucker, and John Halsted, respectively, six hundred and forty acres each; David Jenks, Ambrose Cole, James Cole, Adam Johnson, the widow and heirs of colonel Jeremiah Duggan, Daniel Earl, junior, John Paskell, Edward Chinn, Joseph Cone and John Torreyre, respectively, three hundred and twenty acres each; Samuel Fales, one hundred and sixty acres ; which several tracts of land shall, except the last, be in half seclocated in half sections by the respective claimants.

to be located

tions.

Samuel Rogers, one of the claimants, under the VII. 88. act, intituled, "An act for the relief of the refugees 3d March, from the British provinces of Canada and Nova Sco. 1803.

2240 acres granted to Samuel Rogers.

1

tia," shall be entitled to two thousand two hundred and forty acres of land, to be located in the manner and within the boundaries of the tract designated by the act, to which this act is a supplement, and shall receive a patent for the same, in the manner directed by the said last mentioned act.

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The act, intituled, "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia," approved on the seventh of April, one thousand seven hundred and ninety-eight, shall be, and the same is hereby revived and continued in force for the term of two years from the passage of this act, and no longer.

XI. 29.

24th Feb. 1810. Refugees from Canada

Sec. 1. All persons having claims, under the resolutions of Congress, passed the twenty-third day of April, one thousand seven hundred and, eighty-three, and the thirteenth of April, one thousand seven hundred and eighty-five, as refugees from the British provinces of Canada and Nova Scotia, shall transmit to claims to land the war-office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress.

and Nova Scotia to

transmit their

to the war

office.

Claims to be exhibited,

otherwise

barred.

No patents to

issue but to residents.

[Sec. 2, 3 and 4, re-enact verbatim the sec. 2, 3 and 4, of the act of 7th April, 1798, Vth Cong. chap. 43.]

Sec. 5. All claims, in virtue of said resolutions of Congress, which shall not be exhibited, as aforesaid, within the time by this act limited, shall forever thereafter be barred: Provided, That no patent shall be issued to any person who may hereafter establish his claim, under the said act, until he produce satisfactory evidence to the secretary of the treasury, that he is at the time then being, a resident within the United States.

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