Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-06-16


orders of survey, on which the claims
are grounded, being antedated or 9TH
erwise fraudulent, and which are EN-.
braced in the report of the said boards
ofcommissio.iers laid before Congress,
agreeable to the third section of an act,
entitled can act supplementary to the
act entitled an act regulating the grants
of land, and providing for the disposal
of the lands of the United States, south
of the state of Tennessee" shall be,
and the same are hereby directed to be
sold, in the same manner at the same
price, and on the same terms and con-
ditions, as have been, or may be by
law provided for the sale of the other
public lands in the said territory and
any person or persons claiming under
a Spanish grant, warrant or order of
survey as aforesaid, shall be entitled
to institute, in the highest court of law
or equity in the said territory, hi. or
their suit or action for the recovery of
the tract or tracts so claimed as afore-
said: Provided, such claimant or clai.
mants shall institute his or their suit
or action within the term of one year
from and after the tract or tracts so
claimed shall have been sold by the u.
nit-d States, or in case the same is now
Inhabited and cultivated, in virtue of a
presumption right, within one year
from and after the passing of this act
and if any person or persons claiming
lands as aforesaid, shall fail or neglect
to commence or institute his or their
suit or action, In the manner and with.
in the time prescribed BY this section,
or shall be non-suited, or discontinue
the same, his or their right to COM
mence such suit or action, in any court
whatsoever, shall be forever barred
and foreclosed.
Sec.2. And be it further enacted,
That it the person or persons claiming
under such grant, warrant or order of
survey, shall make it appear to the sa-
tisfaction of the court, before whom
such suit or action shall be pending,
that the tract OF land therein specified.
was actually surveyed prior to the
twenty-seventh day of October, one
Thousand seven hundred and ninety-
five, then, and In that case, the same
shall be deemed and held to he good
and valid, to all intents aud purposes,
any thing in this act to the contrary
notwithstanding, but in case the clai-
mapts shall fail to prove the tracts of
land so claimed, to have been actually
surveyed prior to the twenty-seventh
day of October, one thousand seven
hundred and NINETY FIVE, OF In case the
same shall appear to be otherwise frau
dulent or illegal, the grant, warrant or
order ossurvey, granted by the Spanish
government. as aforesaid, bv virtue of
which such tract or tracts of land NAV
be claimed shall be, and the same is
hereby declared null and void to all in
tents and purposes, and shall not be
read in evidence against any claim or
certificate of presumption, derived
from the United States.
SEs, 3. And be it further enacted,
That it shall be lawful, in the trial of
such suit or action, for either party to
introduce parole evidence for the pur-
pose of supporting or invalidating the
grant, Warrant or order of survey as
aforesaid ; and the Judgment, sentence
or decree OF the highest court of law
or equity, in the cases afor said, shall
be final and conclusive between the
parties, and may be plead in bar to a.
ny subsequent suit or action brought
In the same or any other court, for
the recovery of the same land or any
part thereof.
SEC. 4. And be it further enacted,
That Abraham Ellis be, and he is here
by confirmed in a tract o. land granted
by the British government of West
Florida, to Stephen Jordan, contain
ing the quantity Of two hundred acres,
lying and being on the waters of Boyd's
creek, according to the metes and
bounds of said tract of land set forth
IN the plate thereof, made by the sur
veyor general OF said province of West
Florida: and that the amount Of mo-
ney which the said Ellis may have
been compelled to pay to the receiver
81 public monies west Of Pearl river,
Al, A1,~.to.,,.. 80. T.. I