(ACT of March 3d, 1811.)

supplement, shall, with the exception of section number sixteen in each township, which shall be reserved for the use of schools within the same, and with the exception of the salt springs and lands contiguous thereto, which, by direction of the president of the United States, may be reserved for the future disposal of the said United States, be offered for sale to the highest bidder, under the direction of the register of the land office, and of the receiver of public moneys at the place where the land office is established, and on the day or days which shall have been designated by proclamation of the president of the United States for that purpose; the sales shall remain open for six weeks, and no longer; the lands shall not be sold for less than two dollars an acre, and shall be sold in tracts of the same size, and, in all respects, on the same terms and conditions, as have been, or may be, by law, provided for the sale of the other public lands in the Mississippi territory. All the lands of the United States in the said district, with the exceptions abovementioned, remaining unsold at the close of the public sales, may be disposed of at private sale, by the register of the land office, in the same manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided, by law, for the sale of the lands of the United States in the Mississippi territory; and patents shall be obtained for lands sold in said district, in the same manner, and on the same terms, as are provided by law for other public lands sold in the Mississippi territory. [Infra, 27.]

ACT of February 25, 1811. 4 Bioren, 337.

29. [Provides for the removal of the land office from Nashville, and for the sales in the district east of Pearl river in the Mississippi river. See article "LANDS north west of the Ohio," 58, ante page 472, and see Infra, 31, 34.]

ACT of March 3, 1811. 4 Bioren, 356.

An act providing for the final adjustment of claims to lands, and for the sale of the public lands, in the territories of Orleans and Louisiana, &c.

30. SEC. 11. The two principal deputy surveyors of the territory of Orleans are hereby authorised, in surveying and dividing such of the public lands in the said territory, which are or may be authorised to be surveyed and divided, as are adjacent to any river, lake, creek, bayou, or water course, to vary the mode heretofore prescribed by law, so far as relates to the contents of the tracts, and to the angles and boundary lines, and to lay out the same into tracts, as far as practicable, of fifty-eight poles in front, and four hundred and sixty-five poles in depth, of such shape, and bounded by such lines, as the nature of the country will render practicable, and most convenient: Provided, however, That such deviations from the ordinary mode of surveying shall be made with

(ACT of March 3d, 1811.)

the approbation of, and in conformity with, the general instructions which may be given, to that effect, by the surveyor of the public lands south of the state of Tennessee.

SEC. III. For the disposal of the lands of the United States lying in the eastern land district of the territory of Orleans, a land office shall be established at New Orleans; and for the disposal of the lands of the United States, lying south of Red river, in the western land district of the territory of Orleans, a land office shall be established at Opelousas; and for the disposal of the lands of the United States lying north of Red river, in the western land district of the territory of Orleans, a land office shall be established, which shall be kept at such place as the president of the United States may direct. The register of the western land district of the territory of Orleans shall act as register of the land office of Opelousas, and as one of the commissioners for ascertaining the rights of persons claiming lands in any part of the said western land district. And, for the land office north of the Red river, a register, and, for each of the said three offices, a receiver of public moneys, shall be appointed, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties, and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their offices, as are or may be provided by law, in relation to the registers and receivers of public moneys in the several offices established for the disposal of the lands of the United States in the territory of Mississippi. [Supra, 1.]

SEC. IV. The powers vested in the president of the United States, by the eleventh section of the act, entitled "An act supplementary to an act, entitled 'An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans, and the district of Louisiana," [Supra.] passed on the twenty-first day of April, one thousand eight hundred and six, in relation to the public lands lying in the western district of the territory of Orleans, and all the other provisions made by the same section, for the sale of said lands, and for obtaining patents for the same, shall be, and the same are hereby, in every respect, extended to the public lands lying in the eastern district of the territory of Orleans.

SEC. V. Every person who, either by virtue of a French or Spanish grant, recognised by the laws of the United States, or under a claim confirmed by the commissioners appointed for the purpose of ascertaining the rights of persons claiming lands in the territory of Orleans, owns a tract of land bordering on any river, creek, bayou, or water course, in the said territory, and not exceeding in depth forty arpens, French measure, shall be entitled to a preference in becoming the purchaser of any vacant tract of land adjacent to, and back of, his own tract, not exceeding forty arpens, French measure, in depth, nor in quantity of land that

(ACT of March 3d, 1811.)

which is contained in his own tract, at the same price, and on the same terms and conditions, as are or may be provided by law for the other public lands in the said territory. And the principal deputy surveyor of each district, respectively, shall be, and he is, hereby authorised, under the superintendence of the surveyor of the public lands south of the state of Tennessee, to cause to be surveyed the tracts claimed by virtue of this section; and in all cases where, by reason of bends in the river, lake, creek, bayou, or water course, bordering on the tract, and of adjacent claims of a similar nature, each claimant cannot obtain a tract equal in quantity to the adjacent tract already owned by him, to divide the vacant land applicable to that object between the several claimants, in such manner as to him may appear most equitable: Provided, however, That the right of preemption granted by this section, shall not extend so far in depth as to include lands fit for cultivation, bordering on another river, creek, bayou, or water course. And every person entitled to the benefit of this section shall, within three years after the date of this act, deliver, to the register of the proper land office, a notice in writing, stating the situation and extent of the tract of land he wishes to purchase, and shall also make the payment and payments for the same, at the time and times which are, or may be, prescribed by law for the disposal of the other public lands in the said territory; the time of his delivering the notice aforesaid being considered as the date of the purchase. And if any such person shall fail to deliver such notice within the said period of three years, or to make such payment or payments at the time abovementioned, his right of preemption shall cease and become void; and the land may thereafter be purchased by any other person in the same manner, and on the same terms, as are or may be provided by law for the sale of other public lands in the said territory.

31. SEC. VI. The land offices established by virtue of the third section of this act, shall be opened on the first day of January, one thousand eight hundred and twelve, [Infra, 37.] for the sale of all the public lands, with the exception of section number sixteen, of the salt springs, and land contiguous thereto, and of the tracts reserved for the support of seminaries of learning, as hereinafter provided, which shall have been previously surveyed, and the surveys thereof returned, according to law, to the registers of the land offices, respectively; and on the first day of February, one thousand eight hundred and twelve, for the sale of such of the public lands which, from the nature of the country, cannot be surveyed in the ordinary way, and are embraced by the provisions of the second section of this act, as shall have, at least six weeks previous to the said first day of February, one thousand eight hundred and twelve, been advertised for sale by the surveyor of the public lands south of the state of Tennessee, with the approbation of the president of the United States. The public sales for

(ACT of March 3d, 1811.)

the land, subdivided into quarter sections in the ordinary way, shall be held for one calendar month, under the superintendence of the register and receiver of each land office, respectively, and of either the surveyor of public lands south of Tennessee, or of his principal deputy surveyor in the district, who shall, each, receive six dollars for each day's attendance on the same; and no tract of land shall be sold at said public sales for a less price than that which is, or may be, prescribed by law for the sale of public lands in the Mississippi territory. And, from and after the first day of February, one thousand eight hundred and twelve, any tract which has been thus offered for sale at public sale, and remains unsold, as well as any tract of land embraced by the provisions of the second section of this act, the sale of which is authorised by this section, may be disposed of at private sale, by the register of the land office, for the same price which is, or may be, prescribed by law for the sale of public lands in the Mississippi territory. All the lands sold by virtue of this section, shall, in every other respect, be sold on the same terms of payment, and conditions, in the same manner, and under the same regulations, as are, or may be, prescribed by law for the sale of public lands in the Mississippi territory: Provided, however, That in case of an application being made, at the same time, for the purchase, at private sale, of the same tract of land, by two or more persons, one of whom did actually inhabit and cultivate such tract of land at the time of passing this act, and still continues to inhabit and cultivate the same at the time of such application, the preference shall be given to the person thus inhabiting and cultivating such tract of land: And provided, also, That till after the final decision of congress thereon, no tract of land shall be offered for sale, the claim to which has been, in due time, and according to law, presented to the register of the land office, and filed in his office, for the purpose of being investigated by the commissioners appointed for the purpose of ascertaining the rights of persons claiming lands in the territory of Orleans; or which shall have been located by or for major general La Fayette, according to law.

SEC. VII. In addition to the township already reserved for that purpose, by law, in the western district of the territory of Orleans, and which shall be located south of Red river, another entire township shall be located by the secretary of the treasury north of Red' river, for the use of a seminary of learning, and also an entire township in the territory of Louisiana, for the support of a seminary of learning within the said territory.

32. SEC. VI. The surveyor general shall cause such of the public lands in the territory of Louisiana, as the president of the United States shall direct, to be surveyed and divided, in the same manner, and under the same regulations and limitation as to expenses, as is provided by law, in relation to the lands of the Uni

(ACT of March 3d, 1811.)

ted States northwest of the river Ohio, and above the mouth of Kentucky river.

33. SEC. IX. For the disposal of the lands of the United States lying in the territory of Louisiana, a land office shall be established, which shall be kept at such place as the president of the United States may direct; and a register and receiver of public moneys shall be appointed for said office, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties, and authority, shall, in every respect, be the same, in relation to the lands which shall be disposed of at their office, as are or may be provided for by law in relation to the register and receiver of public moneys in the several offices established for the disposal of the lands of the United States northwest of the river Ohio, and above the mouth of Kentucky river. 34. Sc. x. The president of the United States is hereby authorised, whenever he shall think proper, to direct so much of the public lands lying in the territory of Louisiana, as shall have been surveyed in conformity with the eighth section of this act, to be offered for sale. All such lands shall, with the exception of the section "number sixteen," which shall be reserved in each township for the support of schools within the same, with the exception also of a tract reserved for the support of a seminary of learning, as provided for by the seventh section of this act, and with the exception also of the salt springs and lead mines, and lands contiguous thereto, which, by the direction of the president of the United States, may be reserved for the future disposal of the said states, shall be offered for sale to the highest bidder, under the direction of the register of the land office, and the receiver of public moneys, and of the principal deputy surveyor, and on such day or days as shall, by public proclamation of the president of the United States, be designated for that purpose. The sales shall remain open for three weeks, and no longer. The lands shall be sold for a price not less than that which has been, or may be, fixed by law for the public lands northwest of the river Ohio, and above the mouth of Kentucky river. And shall, in every other respect, be sold in tracts of the same size, on the same terms and conditions, as have been, or may be, by law provided for the lands sold in the state of Ohio. The superintendents of the said public sales shail, each, receive six dollars for each day's attendance on the said sales. All the lands which have been thus offered for sale, at public sale, remaining unsold at the closing of the public sales, may disposed of at private sale, by the register of the land office, for the same price which is, or may be, prescribed by law for the sale of public lands in the state of Ohio: Provided, however, That till after the decision of congress thereon, no tract of land shall be offered for sale, the claim to which has been, in due time, and ac-cording to law, presented to the recorder of land titles in the dis-;

be