Chapter XXIX. *amending, and supplementary to, the “Act for ascertaining claims and titles to land in the territory of Florida,” and to provide for the survey and disposal of the public lands in Florida.*(*a*)(*a*) See notes to the act of May 8, 1822, ch. 129, ante, page 709, for the decisions of the courts of th
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Chap. XXIX.— An Act *amending, and supplementary to, the “Act for ascertaining claims and titles to land in the territory of Florida,” and to provide for the survey and disposal of the public lands in Florida.*(*a*)(*a*) See notes to the act of May 8, 1822, ch. 129, ante, page 709, for the decisions of the courts of the United States on titles to land in Florida, &c. Mar. 3, 1823. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, * Powers of the present commissioners of claims to be confined to West Florida.Three commissioners to be appointed for East Florida.
That the powers of the board of commissioners heretofore appointed, for ascertaining claims and titles to lands in the territory of Florida, shall be confined, exclusively, to the examination of titles and claims in that portion of said territory, heretofore known as West Florida; and that, for ascertaining titles and claims in East Florida, the President is hereby authorized, in the recess of the Senate, to appoint three commissioners, which appointments shall be of SEVENTEENTH CONGRESS.
Sess. II. Ch. 29. 1823. 755 force until the end of the next session of Congress thereafter, who may appoint their secretary, and who, with their secretary, shall, within the district of East Florida, possess all the powers given by, perform all dutes [duties] required, and shall, in all respects, be subject to, the provisions and restrictions of the act of the eighth of May, one thousand eight hundred and twenty-two, entitled “An act for ascertaining claimsAct of May 8, 1822, ch. 129. and titles to lands in the territory of Florida,” ecept [except] so far as the same is altered or changed by the provisions of this act; which board of commissioners, heretofore appointed, with that hereafter appointed, shall hold their sessions, severally, at the place within their respectiveCommissioners to make return to the Secretary of the Treasury. districts, heretofore designated by law; but may adjourn to some other convenient place within their district, and may continue their sessions until the second Monday in February next, when they shall make a return of their proceedings to the Secretary of the Treasury, to be laid before Congress.
Sec. 2. *And be it further enacted, *That, in the examination of titlesClaims in favour of actual settlers at the time of cession to be confirmed. to land before either of said boards of commissioners, the claimant or claimants shall not be required to produce in evidence the deraignment of title from the original grantee or patentee, but the commissioners shall confirm every claim in favour of actual settlers at the time of session [cession] of the said territory to the United States, where the quantity claimed does not exceed three thousand five hundred acres, where such deraignment cannot be obtained, the validity of which has been recognised by the Spanish government, and where the claimant or claimants shall produce satisfactory evidence of his, her, or their, right to the land claimed :
And said commissioners shall have the power, any law to the contrary notwithstanding, of deciding on the validity of all claims derived from the Spanish government in favour of actual settlers, where the quantity claimed does not exceed three thousand five hundred acres. Sec. 3. *And be it further enacted, *That each of the commissionersCompensation of commissioners. heretofore appointed, who has performed, and shall hereafter perform, the duties assigned him, shall receive compensation in proportion to that heretofore allowed him.
And each of the commissioners hereafter appointed for East Florida, who shall actually perform the duties assigned him, shall receive the sum of two thousand dollars, as a full compensation, payable quarterly, from the Treasury of the United States. Sec. 4. *And be it further enacted, *That it shall be the duty of theDistrict attorneys to attend the commissioners when required. district attorneys for said districts, respectively, whenever required to do so by the commissioners within his district, to attend them for the purpose of arguing and explaining any points of law that may be deemed necessary to be examined; and said attorney shall be entitled to the same compensation therefor as when attending on the district court of said territory.
Sec. 5. *And, be it further enacted, *That all claims not filed with theClaims not filed on or before 1st Dec. next, to be void. commissioners of the district, where the land claimed is situated, in the manner prescribed by the act to which this is an amendment, on or before the first day of December next, shall be held to be void and of none effect. Sec. 6. *And be it further enacted, *That it shall be the duty of theMarshal to execute and make return of process. marshall [marshal] to execute and make return of all process which may be issued by the said commissioners, or the commissioners may, where they deem it necessary, authorize and empower any other person to execute and return said process.
Sec. 7. *And be it further enacted, *That, so soon as the commissionersSurveyor to be appointed. shall have decided and reported on the private claims in said territory of Florida, a surveyor shall be appointed for the territory of Florida, who shall keep his office at such place, within the said territory, as the President of the United States shall designate; and shah receive the sum ofHis salary. 756 SEVENTEENTH CONGRESS. Sess. II. Ch. 30. 1823. two thousand dollars, payable quarterly, at the treasury of the United States.
Sec. 8. Land offices to be established. *And be it further enacted, *That, for the disposal of the lands of the United States lying in the district of East Florida, a land office shall be established and kept at such place, within said district, as the President of the United States shall direct; and that, for the disposal of the lands of the United States lying in the district of West Florida, a land office shall be established at such place, in said district, as the President of the United States shall direct.
Sec. 9. When land offices are to be opened. *And be it further enacted, *That, so soon as, in the opinion of the President of the United States, there shall be a sufficient quantity of the public lands surveyed, within either of the districts of East or West Florida, to authorize the opening of one or both of the land offices aforesaid, he shall cause the same to be opened, and shall proceed, from time to time, to appoint, with the advice and consent of the Senate, for each of the said offices, a register and receiver of the public moneys, who shall give security, in the same sums, and in the same manner, and whose compensation, emoluments, duties, and authority, shall, in every respect, be the same, in relation to the lands to be disposed of at their offices as are or may be provided by law in relation to the registers and receivers of public moneys, in the several land offices established for the disposal of the public lands of the United States.
Sec. 10. The President to offer the lands for sale, and when. *And be it further enacted, *That, whenever a land office shall have been established in either of the districts aforesaid, and a register and receiver of public moneys appointed for the same, the President of the United States shall be, and he is hereby, authorized to direct so much of the public lands, lying in such district, as shall have been surveyed according to law, to be offered for sale, in the same manner, and with the same reservations and exceptions, and on the same terms and conditions, in every respect, as have been or may hereafter be, provided for the sale of the public lands of the United States.
Sec. 11. An entire township in each of the districts to be reserved for a seminary of learning.Rivers and waters of the territory to be public highways.Part of the former act of May 8, 1822, ch. 129, repealed. *And be it further enacted, *That an entire township, in each of the districts of East and West Florida, shall be reserved from sale, for the use of a seminary of learning, to be located by the Secretary of the Treasury. Sec. 12. *And be it further enacted, *That all the navigable rivers and waters in the districts of East and West Florida shall be, and forever remain, public highways.
Sec. 13. *And be it further enacted, *That so much of the act, approved the eighth day of May, one thousand eight hundred and twenty-two, entitled “An act for ascertaining claims and titles to land in the territory of Florida,” as is inconsistent with the provisions of this act, be, and the same is hereby, repealed; and so much thereof as provides for the appointment of a surveyor general, and allows him to charge fees, is hereby repealed. Approved, March 3, 1823.