United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 61
Chap. LXI.—An Act confirming certain claims to land in the Illinois territory, and providing for their location.
Act of April 26, 1816, ch. 101.
Act of Feb. 27, 1815, ch. 63.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the decisions made made by the commissioners (appointed in pursuance of the act, entitled “An act for the revision of former confirmations, and for confirming certain claims to land in the district of Kaskaskia,” passed the twentieth day of February, one thousand eight hundred and twelve) where such decisions were in favor of the claims, and where the commissioners have reported specially and have not rejected the claims; all such claims as entered in their report to the Secretary of the Treasury, bearing date the fourth day of January, one thousand eight hundred and thirteen, shall and the same are hereby confirmed.
Claims transmitted by Michael Jones confirmed.
Proviso.Sec. 2. And be it further enacted, That all the claims contained in a list transmitted to the Secretary of the Treasury by Michael Jones, one of the commissioners aforesaid, bearing date the eighteenth day of January, one thousand eight hundred and thirteen, shall be and the same are hereby confirmed: Provided, That any person who may have received a militia right, shall not receive in addition thereto more than three hundred acres of land by virtue of this section; and it shall be the duty of the Commissioner of the General Land Office to enter the list aforesaid of record in his office: And provided also,Proviso. That nothing in this act shall prevent or bar a judicial decision between persons claiming the same original title or claim.
Boundaries of reservation to satisfy unlocated claims.Sec. 3. And be it further enacted, That all that tract of land included within the following boundary, viz: beginning at the township line nearest to and above the mouth of Big Muddy river, on the Mississippi river; thence east to the Meridian line running from the mouth of the Ohio river, thence north with the said meridian line to the north boundary lines of township number five, north; thence west to the Mississippi river, thence down the same to the beginning, shall be, and the same is hereby reserved and set apart to satisfy the unlocated claims of persons to land within the Illinois territory confirmed to them heretofore or by this act.
Actual settlers entitled to pre-emption.Sec. 4. And be it further enacted, That any person or persons residing within the tract reserved by this act, and who had actually cultivated or improved any tract of land therein, before the fifth day of February, one thousand eight hundred and thirteen, not rightfully claimed by any other person, shall be entitled to a pre-emption in the purchase of such tract of land including the improvement; Provided,Proviso. That the purchaser shall not enter less than one quarter section or more than one section; and any person claiming a pre-emption in the purchase under this act, who may be the owner of any unlocated confirmed claim which may be located within the tract aforesaid, shall be and is hereby authorized to deliver to the receiver of public money for the district within which the land lies, the evidences of his or their claim, which shall be received as payment for the quantity of land such person or persons would have been entitled to locate by virtue thereof; and in all cases where the land purchased shall not be completely paid for by the evidences of confirmed claims, the residue of the land shall be paid for at the same price, in the same manner, under the same restrictions, and be liable to the same forfeiture, as other public lands sold at private sale.
Notice to be given by Register of Land Office at Kaskaskia, that persons claiming pre-emption rights may come forward.Sec. 5. And be it further enacted, That it shall be the duty of the Register of the Land Office for the district of Kaskaskia, to give notice that all persons entitled to a pre-emption in the purchase of any tract of land by virtue of this act, may make such purchase on application to him at his office on or before the first day of October next; and any person failing or refusing to enter with the Register of the Land Office the land by such person improved, on or before the first day of October next, shall lose the right of pre-emption given by this act.
After 1st October owners of unlocated confirmed claims to exhibit their claims, &c.Sec. 6. And be it further enacted, That after the first day of October next, it shall be lawful for any person or persons being the owner of any unlocated confirmed claim, to enter with the register of the land office for the Kaskaskia district, any quantity of land within the reserved tract aforesaid, not exceeding one quarter section more than the quantity of acres contained in his claim or claims, and to deliver to the receiver of public money the evidence of his claim, which shall be received in payment for the number of acres specified therein, and the residue of the land thus entered which may exceed the amount of confirmed claims thus paid in, shall be paid for at the same price and in like manner as the other public lands of the United States sold at private sale. And if two more persons shall make applications at the same time to enter the same tract or tracts of land, the priority of right to enter shall be decided by lot in the presence of the Register of the Land Office; and any person or persons failing or refusing to enter or locate his claim within the reserved tract aforesaid, according to the provisions of this act, on or before the first day of May, one thousand eight hundred and fifteen, shall forfeit all right of claim against the United States, derived from confirmations under this act or any former law.
Certificates to be given by register of land office for Kaskaskia district, &c. &c.Sec. 7. And be it further enacted, That it shall be the duty of the Register of the Land Office for the Kaskaskia district, to make out a certificate of confirmation to each person whose claim or claims are confirmed by this act, or by any former law, within the territory of Illinois; and such certificate shall specify the quantity of land confirmed to the holder thereof, and shall be sufficient evidence of claim, within the meaning of this act, to entitle the owner or holder thereof to a credit with the receiver of public moneys, for the quantity of land mentioned in such certificate, within the reserved tract aforesaid, and the Register of the Land Office shall receive the sum of seventy-five cents from the person demanding receiving such certificate.
Patents to be granted as for other lands.Sec. 8. And be it further enacted, That patents shall be obtained for lands entered under this act, in the reserved tract aforesaid, in the same manner and on the same terms as are provided by law for other public lands of the United States.
Approved, April 16, 1814.