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in evidence against any claim or certificate of preemption, derived from the United States.

Sec. 3. It shall be lawful, in the trial of such suit Parole evior action, for either party to introduce parole evi- dence lawful dence, for the purpose of supporting or invalidating for supportthe grant, warrant or order of survey, as aforesaid; ing or invalidating grants. and the judgment, sentence or decree of the said Judgment flhighest court of law or equity, in the cases aforesaid, nal. shall be final and conclusive between the parties, and may be plead in bar to any subsequent suit or action. brought in the same or any other court, for the recovery of the same land or any part thereof.

lis confirmed

Sec. 4. Be it enacted, That Abraham Ellis be, and he is hereby confirmed in a tract of land, granted by the Abraham ElBritish government of West Florida to Stephen Jor- in his title to dan, containing the quantity of two hundred acres, a tract of land. lying and being on the waters of Boyd's creek, according to the metes and bounds of said tract of land, set forth in the plat thereof, made by the surveyorgeneral of said province of West Florida; and that the amount of money which the said Ellis may have been compelled to pay to the receiver of public monies, west of Pearl river, in the Mississippi territory, for said tract of land, be refunded to him, by the receiver aforesaid.

title.

Sec. 5. Daniel Harregal is hereby confirmed in his Daniel Hartitle, in fee simple, to the tract of land, whereon he regal also conresides, containing the quantity of five hundred and firmed in his fifty acres, agreeably to a plat thereof, filed with the register of the land office, west of Pearl river, in the Mississippi territory.

(3) Provisions respecting Claims in the Territories of Orleans and Louisiana.

1804.

Sec. 14. All grants for lands, within the territories VIII. 38. ceded, by the French Republic, to the United States, 26th March, by the treaty of the thirtieth of April, in the year one thousand eight hundred and three, the title whereof lands in the was, at the date of the treaty of St. Ildefonso, in the territories ce

Grants for

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to the U. S. since the date of the treaty of St. Ildefonso, null and void. Saving of the rights of actual settlers.

ded by France crown, government or nation of Spain, and every act and proceeding subsequent thereto, of whatsoever nature, towards the obtaining any grant, title or claim to such lands, and under whatsoever authority transacted, or pretended, be, and the same are hereby declared to be, and to have been from the beginning, null, void, and of no effect in law or equity: Provided nevertheless, That any thing in this section contained shall not be construed to make null and void any bona fide grant, made agreeably to the laws, usages and customs of the Spanish government, to an actual settler on the lands so granted, for himself, and for his wife and family; or to make null and void any bona fide act or proceeding done by an actual settler, agreeably to the laws, usages and customs of the Spanish government, to obtain a grant for lands, actually settled on by the person or persons claiming title thereto, if such settlement, in either case, was actually made prior to the twentieth day of December, one thousand eight hundred and three: And provided further, That such grant shall not secure to the grantee, or his assigns, more than one mile square of land, together with such other and further quantity, as heretofore hath been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government. And that, if any citizen of the United States, or other shall make a settlement on any lands belongperson, ing to the United States, within the limits of Louisiana, or shall survey, or attempt to survey, such lands, or to designate boundaries, by marking trees or otherwise, such offender shall, on conviction thereof, in any court of record, of the United States, or the territories of the United States, forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months; and it shall, moreover, be lawful for the President of the United States to employ such military force, as he may judge necessary, to remove, from lands belonging to the United States, any such citizen, or other person, who shall attempt a settlement thereon.

Proviso.

Penalty for settling on lands of the *U. S.

1805.

ries, on the

French or

Sec. 1. Any person or persons, and the legal repre- VIII. 86. sentatives of any person or persons, who, on the first 2d March, day of October, in the year one thousand eight hun- Persons, redred, were resident within the territories ceded by siding in the the French Republic to the United States, by the ceded territotreaty of the thirtieth of April, one thousand eight 1st Oct. 1800, hundred and three, and who had, prior to the said who held first day of October, one thousand eight hundred, ob- lands under tained, from the French or Spanish governments, re- Spanish spectively, during the time either of the said govern- grants, to ments had the actual possession of said territories, which the Inany duly registered warrant, or order of survey, for dian title has lands, lying within the said territories, to which the been extinguished, and Indian title had been extinguished, and which were, which were on that day, actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands, in the same man. ner as if their titles had been completed: Provided however, That no such incomplete title shall be confirmed, unless the person, in whose name such warrant or order of survey had been granted, was, at the time of its date, either the head of a family, or above, the age of twenty-one years; nor unless the conditions and terms, on which the completion of the grant might depend, shall have been fulfilled.

settled or occupied, on that day, for or by these persons, confirmed in

their titles.

Proviso.

officer, and.

Sec. 2. To every person, or to the legal represen. Grants to per tative or representatives of every person, who, being sons actually settled prior either the head of a family, or twenty-one years of to the 20th age, had, prior to the twentieth day of December, one Dec. 1803, thousand eight hundred and three, with the permis- by permission sion of the proper Spanish officer,† and in conformity of Spanish with the laws, usages and customs of the Spanish go- during the vernment, made an actual settlement on a tract of time the goland, within the said territories, not claimed by vir- vernment making the tue of the preceding section, or of any Spanish or French grant, made and completed before the first the actual day of October, one thousand eight hundred, and possession of during the time the government, which made such the country, grant, had the actual possession of the said territories,

This exception, in relation to minors, repealed by act of 3d March, 1807.

Three years residence to be considered as proof of permission, by act of 21st April, 1806; and ten years possession to be considered as proof of complete title, by act of 3d March, 1807.

grant had

&c.

Proviso.

Proviso.

to be record

1806.

and who did, on the said twentieth day of December, one thousand eight hundred and three, actually inhabit and cultivate the said tract of land; the tract of land thus inhabited and cultivated shall be granted: Provided however, That not more than one tract shall be thus granted to any one person, and the same shall not contain more than one mile square, together with such other and further quantity, as heretofore has been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government: Provided also, That this donation shall not be made to any person, who claims any other tract of land, in the said territories, by virtue of any French or Spanish grant.

Sec. 4. Every person claiming lands in the aboveClaimants to mentioned territories, by virtue of any legal French give written notice of their or Spanish grant, made and completed before the first claims to the day of October, one thousand eight hundred, and duregister, &c. ring the time the government which made such grant ed previous had the actual possession of the territories, may, and to first March every person claiming lands in the said territories, by virtue of the two first sections of this act, or by virtue of any grant or incomplete title, bearing date subsequent to the first day of October, one thousand eight hundred, shall before the first day of March, one thousand eight hundred and six, deliver to the register of the land office or recorder of land titles, within whose district the land may be, a notice in writing, stating the nature and extent of his claims, together with a plat of the tract or tracts claimed; and shall also on or before that day, deliver to the said register or recorder for the purpose of being recorded, every grant, order of survey, deed, conveyance or other written evidence of his claim; and the same shall be recorded by the register or recorder or by the transtheir claims. lator hereinafter mentioned, in books to be kept by &c. for re- them for that purpose, on receiving from the parties cording them. at the rate of twelve and an half cents for every hundred words contained in such written evidence of their claim: Provided however, That where lands are claimed by virtue of a complete French or Spanish

Also the

written evi

dence of

Officer's fees,

Proviso.

The obligation to file a plat of survey repealed in part by act of 28th February, 1806; and the time for filing claims extended by act of third March 1807, till first July, 1808.

such notice.

grant as aforesaid, it shall not be necessary for the claimant to have any other evidence of his claim recorded, except the original grant or patent, together with the warrant or order of survey, and the plat; but all the other conveyances or deeds shall be deposited with the register or recorder, to be by them laid before the commissioners hereinafter directed to be appointed, when they shall take the claim into consideration. And if such person shall neglect to deliver such notice in writing of his claim, together with the Penalty for neglecting plat as aforesaid, or cause to be recorded such writ to deliver ten evidence of the same, all his right, so far as the same is derived from the two first sections of this act, shall become void, and forever thereafter be barred; nor shall any incomplete grant, warrant, order of survey, deed of conveyance or other written evidence, which shall not be recorded as above directed, ever after be considered or admitted as evidence in any Register and court of the United States, against any grant derived recorder to from the United States. The said register and re- commence corder shall commence the duties hereby enjoined on them, on or before the first day of September next; ces on or be and continue to discharge the same, at such place in fore the first their respective districts, as the President of the September United States shall direct.

the execution of their offi

1805.

the district

this act for

Sec. 5. Two persons to be appointed by the Pre- Commissionsident alone, for the district of Louisiana, and two ers to be appersons, to be in the same manner appointed for each pointed for of the districts directed by this act to be laid off in of Louisiana, the territory of Orleans, shall, together with the re- and the disgister or recorder of the district for which they may tricts to be be appointed, be commissioners for the purpose of laid off under ascertaining within their respective districts, the ascertaining rights of persons claiming under any French or Span- land titles, ish grant as aforesaid, or under the two first sections &c. of this act. The said commissioners shall previous to their entering on the duties of their appointment, respectively take and subscribe the following oath or The oath of affirmation, before some person qualified to adminis- office which ter the same: -"I do solemnly swear they must (or affirm) that I will impartially exercise and dis- take. charge the duties imposed on me by an act of Congress, entitled 'An act for ascertaining and adjust ing the titles and claims to land within the territory of

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