United States Statutes at Large/Volume 2/9th Congress/2nd Session/Chapter 34
Chap. XXXIV.—An Act regulating the grants of land in the territory of Michigan.[1]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the decisions made Act of March 26, 1804, ch. 35.
Act of March 3, 1805, ch. 43.
Act of April 21, 1806, ch. 43.
Decisions of commissioners in favour of land in certain cases, confirmed.by the commissioners appointed for the purpose of examining the claims of persons claiming lands in the district of Detroit, in favour of such claimants, as entered in the transcript of decisions which have been transmitted by the said commissioners, to the Secretary of the Treasury, according to law, be, and the same are hereby confirmed.
Persons in occupation of land in Michigan, to which Indian title has been extinguished, confirmed in their titles as of estates of inheritance, in fee simple.Sec. 2. And be it further enacted, That to every person or persons in the actual possession, occupancy, and improvement, of any tract or parcel of land, in his, her, or their own right, at the time of the passing of this act, within that part of the territory of Michigan, to which the Indian title has been extinguished, and which said tract or parcel of land was settled, occupied and improved, by him, her, or them, prior to and on the first day of July, one thousand seven hundred and ninety-six, or by some other person or persons, under whom he, she, or they hold or claim the right to the occupancy, or possession thereof, and which said occupancy or possession has been continued to the time of the passing of this act; the said tract or parcel of land thus possessed, occupied, and improved, shall be granted, and such occupant or occupants shall be confirmed in the title to the same, as an estate of inheritance, in fee simple:Proviso. Provided however, that no other claims shall be confirmed, by virtue of this section, than such as have been entered with the register of the land-office of Detroit, within the time, and in the manner provided by law, and by the commissioners aforesaid, have been inserted in their report, transmitted as aforesaid; nor shall more than one tract or parcel of land be thus granted to any one person, and the same shall not contain more than the quantity claimed, nor more than six hundred and forty acres:Proviso. And provided also, that the same shall not extend to any tract heretofore reserved, or which may by the President of the United States, be set aside for public uses, in the town of Detroit and its vicinity, or on the island of Michilimackinac.
Secretary of Michigan, and the register and receiver of public monies of the land-office of Detroit, made commissioners for claims, &c.
Their oath of office.Sec. 3. And be it further enacted, That the secretary of the territory of Michigan, together with the register and receiver of public monies of the land-office of Detroit, shall be commissioners for the purpose of ascertaining and deciding on the rights of persons claiming the benefit of this act: and the said commissioners shall, previous to entering on the duties of their appointment, respectively take and subscribe the following oath or affirmation, before some person qualified to administer the same: I do solemnly swear (or affirm) that I will impartially exercise and discharge the duties imposed upon me, by an act of Congress, intituled “An act regulating the grants of land in the territory of Michigan.” And it shall be the duty of the said commissioners to meet at the town of Detroit, on or before the first day of July next, and they shall not adjourn to any other place, or for any longer time, than three days, until the first day of January next, or until they shall have completed the business of their appointment. And the said commissioners, or a majority of them, shall have power to hear and decide in a summary manner,Powers and duties of the commissioners. all matters respecting such claims, to compel the attendance of witnesses, to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity. Minutes of the proceedings, decisions, meetings, and adjournments of the board, shall be regularly entered by the register, in a book to be kept for that purpose, together with the evidence on which such decisions are made, unless such evidence has already been entered according to law, in the book or books of minutes, kept by the commissioners appointed under former acts, to investigate the claims to land in the district of Detroit.Lands to be surveyed, &c. And when it shall appear to the said commissioners that the claimant is entitled to a tract of land by virtue of this act, they shall give a certificate thereof stating the circumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land, by virtue of this act; which tract shall be surveyed in conformity with the decision of the commissioners, at the expense of the party, and under the direction of the surveyor-generalBy whom. by such of his assistants, residing in the territory of Michigan, as the said surveyor-general shall appoint for that purpose:Proviso.
General and particular plots to be sent by the surveyor-general to the register of land-office at Detroit, and copies also to Secretary of Treasury.
Transcripts of commissioners’ decisions to be likewise forwarded to Secretary of the Treasury.
Certificates of commissioners to give titles to land, &c.
Fees to be paid for certificates. Provided, that the whole expense of surveying and marking the lines, shall not exceed three dollars for every mile that shall be actually run, surveyed, or marked. The surveyor-general shall transmit to the register of the land-office at Detroit, general and particular plots of all the lands surveyed as aforesaid, and shall also forward copies of the said plots to the Secretary of the Treasury. The commissioners shall transmit to the Secretary of the Treasury a transcript of their decisions in favour of claimants, which shall contain a fair statement of the evidence on which each respective claim is founded, and shall be signed by the said commissioners, and shall state the names of the parties in whose favour the certificates have been granted, the number of acres granted and the situation of the land. And the certificate and certificates granted as aforesaid, by the commissioners, being duly entered with the register of the land-office of Detroit, prior to the first day of January, one thousand eight hundred and nine, shall entitle the party or parties, as soon as the plot or plots aforesaid, shall have been transmitted to the said register, to receive from him a certificate or certificates, for each of which certificates the register shall receive one dollar, directed to the Secretary of the Treasury; and if it shall appear to the satisfaction of the said secretary, that such certificates have been fairly obtained according to the true intent and meaning of this act, then and in that case, patents shall issue, in like manner as is provided by law, for the other lands of the United States.
Powers of commissioners not extended to lots in town of Detroit.
How claims to such lots are to be decided upon.
Compensation to secretary of Michigan, for services under this act.
Out of what fund to be paid.Sec. 4. And be it further enacted, That the powers vested by this act in the commissioners above mentioned shall not extend to lots in the town of Detroit, the claims to which shall be ascertained and decided upon, in the manner provided by the act, intituled “An act to provide for the adjustment of titles of land in the town of Detroit, and territory of Michigan, and for other purposes.”
Sec. 5. And be it further enacted, That the secretary of the territory of Michigan shall be entitled to receive five hundred dollars, in full for all the services rendered by him under this act, to be paid out the sums which have been, or may be appropriated for carrying into effect the several laws enacted for the disposal of public lands, and for the adjustment of claims in the Indiana or Michigan territories.
Approved, March 3, 1807.
- ↑ Acts relating to the sale of the public lands in Michigan:—An act regulating the grants of lands in the territory of Michigan, March 3, 1807, chap. 31. An act making provision for the disposal of the public lands in the Indiana territory, and for other purposes, March 26, 1804, chap. 35, sec. 2, &c.An act supplementary to the act, entitled “An act making provision for the disposal of the public lands in the Indiana territory, and for other purposes,” March 3, 1805, chap. 43, sec. 6.An act for the adjustment of titles to land in the town of Detroit and territory of Michigan, and for other purposes, April 21, 1806, chap. 43.An act supplemental to “an act regulating the grants of land in the territory of Michigan,” April 26, 1808, chap. 67.An act to authorize the granting patents for lands according to the surveys that have been made, and to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes, April 23, 1812, chap. 62.An act allowing further time for entering donation rights to lands in the district of Detroit, March 3, 1817, chap. 99.An act to revive the powers of the commissioners for ascertaining and deciding on claims to land at Green Bay and Prairie des Cheins, in the territory of Michigan, May 11, 1820, chap. 84.An act to revive and continue in force, certain acts for the adjustment of land claims in the territory of Michigan, February 21, 1823, chap. 10.An act to confirm certain claims to lands in the territory of Michigan, April 17, 1828, chap. 12.An act to establish a land-office in the territory of Michigan, and for other purposes, February 19, 1831, chap. 27.An act supplementary to “an act to provide for the adjustment of titles to land in the town of Detroit and territory of Michigan, and for other purposes,” passed April 21, 1826, August 29, 1842, chap. 260.