one year; another third of said residue with interest, within two years, and the remaining third of said residue with interest within three years after the expiration of the time for completing the payment on account of such purchase, according to former laws; and in case of failure, in paying either the arrears or interest, or any of three instalments of principal with the accruing interest, at the time and times above mentioned, the tract of land shall be forthwith advertised and offered for sale, in the manner and on the terms directed by law, in case of lands not paid for within the limited term, and shall revert in like manner, if the sum due with interest be not at such sale bidden and paid:Proviso.
Limitation of the act. Provided, that the benefit of this act shall not extend to any person or persons on account of any purchase of any tract or tracts of land made at any of the land-offices northwest of the river Ohio, prior to the first day of April, one thousand eight hundred and eight.
Approved, March 3, 1813.
Statute ⅠⅠ.
Chap. XLIV.—An Act allowing further time for delivering the evidence in support of claims to land in the territory of Missouri, and for regulating the donation grants therein.[1]
- ↑ Lands in Missouri.—An act making further provision for settling the claims to land in the territory of Missouri, June 13, 1812, chap. 99.An act allowing further time for delivering the evidence in support of the claims to land in the territory of Missouri, and for regulating the donation of grants therein, March 3, 1813, chap. 44.An act giving further time for registering claims to land in the late district of Arkansas, in the territory of Missouri, and for other purposes, August 2, 1813, chap. 59.An act for the final adjustment of land titles in the state of Louisiana, and territory of Missouri, April 12, 1814, chap. 52.An act for the confirmation of certain claims to land in the western district of the state of Louisiana, and in the territory of Michigan, April 29, 1816, chap. 159.An act explanatory of an act entitled, “An act for the final adjustment of land titles in the state of Louisiana, and territory of Missouri, March 3, 1819, chap. 85.An act to perfect certain locations and sales of public lands in Missouri, April 26, 1822, chap. 40.An act enabling the claimants to lands within the limits of the state of Missouri, and the territory of Arkansas, to institute proceedings to try the validity of their claims, May 26, 1824, chap. 173.An act supplementary to the act passed on the thirteenth day of June, one thousand eight hundred and twelve, entitled, “An act making further provisions for settling claims to land in the territory of Missouri,” May 26, 1824, chap. 184.An act to continue in force for a limited time, and to amend an act entitled, “An act to enable claimants to lands within the limits of the state of Missouri, and territory of Arkansas, to institute proceedings to try the validity of their claims,” May 24, 1828, chap. 90.An act further supplemental to the act entitled, “An act making further provision for settling the claims to land in the territory of Missouri, passed the thirteenth of June, eighteen hundred and twelve,” January 27, 1831, chap. 12.An act for the relief of certain holders of certificates issued in lieu of lands injured by earthquakes in Missouri, March 2, 1831, chap. 92.An act for the final adjustment of private land claims in Missouri, July 9, 1832, chap. 180.An act supplemental to the act entitled, “An act for the final adjustment of land claims in Missouri,” March 2, 1833, chap. 84.An act confirming the claims to land in the state of Missouri, and for other purposes, July 4, 1836, chap. 358.An act authorizing the issuing of a patent to the heirs and legal representatives of Francis Rivard, deceased, and for other purposes, August 29, 1842, chap. 229, sec. 2.Land titles in Missouri:—The state of Missouri was formerly part of the territory, first of France, next of Spain, then of France, who ceded it to the United States by the treaty of 1803, in full propriety, sovereignty and dominion, as she had acquired and held it; by which this government put itself in place of the former sovereigns, and became invested with all their rights, subject to the concomitant obligations to the inhabitants. Both were regulated by the law of nations, according to which the rights of property are protected, even in the case of a conquered country, and held sacred and inviolable when it is ceded by treaty, with or without any stipulation to such effect; and the laws, whether in writing, or evidenced by the usage and customs of the conquered or ceded country, continue in force, until altered by the new sovereign. Strother v. Lucas, 12 Peters, 410.No principle can be better established by the authority of the supreme court, than “that the acts of an officer, to whom a public duty is assigned by his king, within the sphere of that duty, are prima facie taken to be within his power.” The principles on which it rests, are believed to be too deeply founded in law and reason, ever to be successfully assailed. He who would controvert a grant executed by the lawful authority, with all the solemnities required by law, takes on himself the burthen of showing that the officer has transcended the powers conferred upon him; or that the transaction is tainted with fraud. Ibid.
