United States Statutes at Large/Volume 3/13th Congress/3rd Session/Chapter 63
Chap. LXIII.—An Act to amend and extend the provisions of the act of the sixteenth of April, one thousand eight hundred and fourteen, entitled “An act confirming certain claims to land in the Illinois territory, and providing for their location.”
Act of April 16, 1814, ch. 61.
Western boundary of the Illinois territory to include all islands in the Mississippi, between the middle and eastern margin.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the western boundary of the tract of country set apart by the act of the sixteenth of April, one thousand eight hundred and fourteen, entitled “An act confirming certain claims to land in the Illinois territory, and providing for their location,” be extended upon the river Mississippi, to the middle thereof, so as to include all islands in said river, between the middle and eastern margin, throughout the length of said line; and that all or any of the said islands shall be subject to be appropriated under the said recited act.
Proviso of a former act repealed so far as it regards settlers on fractions of sections, &c.Sec. 2. And be it further enacted, That the proviso contained in the fourth section of the before-recited act to be repealed, so far as it regards persons settled on fractions of sections or quarter sections containing less than one hundred and sixty acres; and that such persons under the like circumstances shall be considered as entitled to all the rights, benefits, and advantages, specified in the said fourth section, as those settled on sections or quarter sections, and also, to any right, privilege, or advantage secured by this act: Provided however,Proviso. That such persons shall not be permitted in such cases to take less than the whole quantity of such fractional quarter section on which they are respectively settled.
Settlers on lands reserved for the use of schools, entitled to the pre-emption of the like quantity of other land, on the same terms and within the proper boundary.Sec. 3. And be it further enacted, That every person or persons, who settled on and improved any of the lands in the said territory, reserved for the use of schools or seminaries of learning, before the fifth day of February, one thousand eight hundred and thirteen, and who would have had the right of pre-emption thereto, had not the same been reserved as aforesaid, shall be entitled to the pre-emption of the like quantity of other land, upon the same terms, and under the same recited act, to be located on any lands within the boundary specified in this and the said recited act, not otherwise appropriated; and such persons shall also be entitled to the benefit of, and subject to, the restrictions contained in this act.
Persons who failed to locate their claims, entitled to pre-emption upon other unappropriated lands within the boundary.
Act of April 16, 1814, ch. 61.Sec. 4. And be it further enacted, That all and every person or persons entitled to the pre-emption of lands, under the fourth section of the before-recited act, who failed to locate their claims within the time limited in said act, and which lands have been appropriated by others, shall be entitled to the pre-emption of the like quantity, as they could have appropriated under the said act, or under the provisions of this act, to be located on any land within the boundary specified in this and the said recited act, not previously appropriated.
Persons entitled to pre-emption to be governed by certain rules.
Act of April 16, 1841, ch. 61.Sec. 5. And be it further enacted, That all and every person or persons, entitled to the pre-emption of lands under the provisions of this act, shall conform to and be governed by the rules prescribed in the said recited act, in locating, proving, and completing their titles respectively, except in cases where the same is changed by this act.
Public notice to be given that purchase may be made, &c.
Persons failing to enter lands with the register, lose their right.Sec. 6. 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 by an advertisement inserted for one month in at least one newspaper published in the said territory, to all persons entitled to a pre-emption in the purchase of any tract of land, by virtue of this act or the before-recited act, that they may make such purchase, on application to him at his office, on of before the first day of May, in the year one thousand eight hundred and sixteen; and every person failing or refusing to enter with the said register, the land to which the right of pre-emption is so secured, notice being given as before-mentioned, within the time aforesaid, shall lose his, her, or their right of pre-emption.
Locations of any claim by authorized commissioners confirmed.
Proviso.Sec. 7. And be it further enacted, That the locations of any confirmed claim, made by virtue of any authority given by the commissioners appointed to examine the claims or persons to land in the Illinois territory, shall be, and the same are hereby confirmed: Provided, That the provisions of this section shall not be so construed as to extend to any locations made by any person or persons without any authority from the commissioners aforesaid; nor shall it affect the claims of any other person or persons.
Commission on confirmed claims, to the commissioner of Kaskaskia.Sec. 8. And be it further enacted, That the register and receiver of public moneys of the land office at Kaskaskia, shall be allowed the same commission respectively, on the confirmed claims which have been or shall be received in payment for land entered at the said office, as they are not entitled to, on moneys received in payment for lands sold, calculating the value of the confirmed claims at the rate of two dollars per acre.
Ann Gilham may locate any unappropriated quarter section.Sec. 9. And be it further enacted, That it shall be lawful to Ann Gilham to locate any unappropriated quarter section within the Illinois territory, and whenever the said Ann Gilham shall enter with the register of the land office at Kaskaskia, any unappropriated quarter section, it shall be the duty of the register to issue to the said Ann Gilham, a certificate, specifying therein the quarter section so located; and it shall be the duty of the commissioner of the general land office to issue a patent for the land so located, whenever the certificate aforesaid shall be presented to him for that purpose.
Approved, February 27, 1815.