of survey, where the survey has been actually made previous to the twenty-fourth January, one thousand eight hundred and eighteen, whether they are founded upon conditions, and how far those conditions have been complied with: and if derived from the British government, how far they have been considered valid under the Spanish government; and if satisfied that said claims be correct and valid, shall give confirmation to them: Provided, That such confirmation shallProviso.
Proviso; as to claims to be confirmed. only operate as a release of any interest which the United States may have, and shall not be considered as affecting the rights of third persons: And provided, That they shall not have power to confirm any claim or part thereof where the amount claimed is undefined in quantity, or shall exceed one thousand acres; but in all such cases shall report the testimony, with their opinions, to the Secretary of the Treasury, to be laid before Congress for their determination.—Every witness attending under any processFees to witnesses, &c.
Commissioners not to act on, &c. any British grant, &c., but those claimed and owned by citizens of the United States, &c. from the commissioners, shall be allowed one dollar a day, and one dollar for every twenty miles travel; to be paid by the party summoning him: Provided, nevertheless, That the commissioners shall not act on, or take into consideration, any British grant, patent, warrant, or order of survey, but those which are bona fide claimed and owned by citizens of the United States, and which have never been compensated for by the British government.
The President and Senate to appoint a surveyor, &c.
Surveyor’s duties.Sec. 6. And be it further enacted, That there shall be appointed by the President of the United States, by and with the advice and consent of the Senate, a surveyor, who shall possess the power and authority, and receive the same salary, as by law appertains to the surveyor south of the State of Tennessee; but his duties shall not commence until the commissioners shall have examined and decided upon the claims in West Florida, who shall thereupon furnish the surveyor with a list of those admitted, and he shall thereupon proceed to survey the country, taking care to have surveyed, and marked, and laid down, upon a general plan, to be kept in his office, the metes and bounds of the claims so admitted; causing the same to be surveyed at the expense of the claimants, the price whereof shall be the same as is paidSurveys at the expense of the claimants, &c.
Surveyor to appoint deputies.
None other than township lines to be run; and surveyor to reside, &c. as the President may direct.
Surveyor’s fees for recording, &c. for surveying the public lands; but no surveyor shall charge for any line except such as may actually run, nor for any line nor necessary to be run. He shall appoint a suitable number of deputies, and shall fix and determine their fees: Provided, That the whole cost of surveying shall not exceed four dollars a mile: And provided also, That none other than township lines shall be run where the land is deemed unfit for cultivation: Said surveyor shall reside at such place as the President of the United States may direct, and shall keep his office there, and may charge the following fees, to wit: for recording the plat and surveys of private claims made by any of his deputies, twenty-five cents for each mile contained in the boundary of such survey, and twenty-five cents for any copy certified from the books of his office.
Approved, May 8, 1822.
RESOLUTIONS.
I. Resolution providing for the distribution of the secret journal and foreign correspondence of the old Congress, and of the journal of the convention which formed the constitution of the United States.
