Page:United States Statutes at Large Volume 2.djvu/481

Statute ⅠⅠ.

March 3, 1807.

---

Chap. XLVI.—An Act to prevent settlements being made on lands ceded to the United States, until authorized by law.

Lands of the U. States, by whatsoever title acquired, not to be occupied, possessed, or settled, but with the consent of the U. States. Titles of intruders forfeited.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall, after the passing of this act, take possession of, or make a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, which lands shall not have been previously sold, ceded, or leased by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognized and confirmed by the United States: or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled: or shall survey, or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorized by law; such offender or offenders, shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or cause to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall have designated, or cause to be designated, by marking trees or otherwise.President authorized to have them removed.
The mode of doing this. And it shall moreover be lawful for the President of the United States, to direct the marshal, or officer acting as marshal, in the manner herein after directed, and also to take such other measures, and to employ such military force as he may judge necessary and proper, to remove from lands ceded, or secured to the United Stated, by treaty, or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make a settlement thereon, until thereunto authorized by law.Forfeitures to enure to the benefit of the U. States. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings: Provided, that nothing herein contained, shall be construed to affect the right, title, or claim, of any person to landsSaving of claims before board of commissioners under the act of March 2, 1805, ch. 26. in the territories of Orleans or Louisiana, before the boards of commissioners established by the act, intituled “An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans and the district of Louisiana,” shall have made their reports and the decision of Congress been had thereon.

Actual settlers may hold under the U. States as tenants at will, under bargains with the officers of the land-offices.Sec. 2. And be it further enacted, That any person or persons who, before the passing of this act, had taken possession of, occupied, or made a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, which lands had not been previously sold, ceded or leased by the United States, or the claim to which lands had not been previously recognized and confirmed by the United States; and who at the time of passing this act does or do actually inhabit and reside on such lands, may at any time prior to the first day of January next, apply to the proper register or recorder, as the case may be, of the land-office established for the disposal, registering, or recording of such lands, or to such person or persons as may by such registers or recorders respectively, be appointed for the purpose of receiving such applications,Conditions prescribed. stating the tract or tracts of land thus occupied, settled, and inhabited by such applicant or applicants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register or recorder respectively to permit, in conformity with such instructions as may be given by the Secretary of the Treasury, with the approbation of the President of the United States, for that purpose, such applicant or applicants to remain on such tract or tracts of land not exceeding three hundred and twenty