The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-01-09

iher testimony as they may deem necessary, in
order to enable them to determine the precise
ture Of each claim or title, and ascertain under
whom the same originated, and 10 fix It's position
and extent on the public surveysi and Us present
value, exclusive of Improvements and also TO as
certain the value of the improvements, and fur
ther 10 ascertain whether il interferes with any
adverse claim, and the extent of, and natnre of,
such interference; and for the purposes aforesaid,
the register and receiver are he1eby authorized
each to administer oaths, or aiirmaiions, and 1t
shall also be the duty Of those officers TO record
all notices and testimony i'll support OF ench claim;
and for administering oaths lhey shall be allowed
Il fee Of twelve-and-a-haH cents, and Il like snm
for every hundred words of testimony which they
NAV record, to be paid by the claimants, and
equally divided between the officers aforesaid.
SEC. A. ind be ii further enacted, That in
the case Of any bona tide claimant who has no
right under an original claim entered in the aiore
said book number seven, but who, on the first day
Of January, in the wear of our Lord eighteen hun
dred and forty y-nine, had reduced lot into possess
son and is an actual and bona ide settler thereon,
or occupant thereof, it shall and may be lawful for
him to file a stcorn notice. stating how long he has
been in the actual possession of the LOT the nature OF
his improvements, the extent Of front and depth
requisite to embrace his actual settlement and I'M
proyenepts the estimated value of the lot at The
time of his settlement, and It's present value, ex-
elusive Of improvements, as also the value oi
such improvements, and also designating,
curately as practicable, its position upon the pub
lie surveys; and it shall and may be lawful for
the aforesaid officers, also, to take All necessary
testimony in this class of cases in like manner,
and perform similar duties as required in the fore
going section, and to receive any notice and evil
dence of any missionary claim from any party
authorized tn act, both as 10 the nature and ex-
tent of the same, and the grounds on which II
may be entitled to equitable consideration.
SEC. 5. IND be IL further enacted, That It
shall also be the duty of the land officers TO ex-
anime and arrange the notices and testimony IN
all cases filed under this act; and the cases con
lteinplated by the third section, which they may
confirm, shall be placed in abstract A, first class
and those under that section which may be reject
ed by them, shall be placed IN abstract A, second
cllsS; and III all cases contemplated by the fourth
section of this act, the confirmation OF the COM
: nissioners shall be placed in abstract B, first class
and their relections in abstract Is, second class.
SEC. g. .fni be If FURTHER enacted, That in
the aforesaid abstracts, the register and receiver
shall designate the number of each claim, name
of present aud of original claimant, area, present
value Of the lot exclusive of improvements, and
the amount, which in their oplnion it would be
: just 10 require d payment for the same to The
T Government; and the SAID officers shall designate
on the aforesaid map OF the public surveys the
location of each claim as near as ii can be
tanned from the testimony, with the estimated
ldciucI value, and the assessment thereon of the
= sum, which, IN their Judgment should be paid for
the same 10 the Government.
, SEC. T. find be IL further enacted, That The
survevor general at Detroit, being notified Of
the completion by the land officers OF the afore-
SAID abstracts and map, shall despatch Il sktU
deputy to the Sauli Ste. Narie. who shall 5le in
the land office at that place his affidavit faithfully
and imparlially TO discharge his duty, and there
upon there shall be delivered TO him the said abb
stfacts and map, and he shall then proceed forth
with to lav off and survey the village of Saut
Ste Marie into town lots, streets avenues, pubic
, squares, out-lots having regard to the lots and
streets already actually surveyed, existing
tablished, and having regard also, TO the existing
limits and extent Of the lots, and to the existing
limits and extent of the lots covered BY the claims
; which shall have been adudicated by the register
} and receiver; aud after such surveys shall have
been completed, the aforesaid deputy shall pre-
pare plat exhibiting, in connexon W lth the lines
Of the public surveys the exterior lines of the whole
village also the squares individual lots public lots
and also the ct-lots designating the lots reserved
for military or other purposes, according to tue
extent and limits of the same, as fixed by the
proper military officers, pursuant to the require
ments of the second section of this act, and spe
Giving the name of each claimant Of the indyId-
sum assessed by the register and receiver as a
payment which should be made in each by
The party, and also designating the vacant in-lots
and out-iots, the former Of which shall be subdi-
vided into lots not 10 exceed each quarter Of
acre, and the latter not to exceed two acres each
and it shall be the duty Of the said deputy, from
f the best information he can obtain, and after con-
ference with the land officers, to specify on the
survey Of each vacant lot the actual present est-
hall ko u, Hat q
said deputy to return to the register and receiver
their abstracts and map, and TO submit TO them
his plat Of the actual surveys, and ii they shall
be satisfied that is in accordance with their ad
indications, they shall append a certificate to that
effect and the said deputy shall then transmit the
said plat with the field notes 10 the surveyor gen.
era at Detroit, for examination of the work, and
if that officer shall fnd it faithfully and properly
executed he shall allow the said deputy per
diem of five dollars for every day actually and
necessarily engaged in the preliminary examiua-
ton and surveys, and in the construction of the
plat, and shall also pay all necessary expenses.
Sec. 8. .4nd be IL further enacted, That ii
:. shall be the dnty Of the surveyor general, upon
the approval Of the plat, actual survey by his
deputy 10 return the said plat TO the register and
receiver, who shall iherenpon transmit the same,
with their abstracts, maps, and record OF testl-
mony, to the Commissioner of the General Land
Office. whose decision in every shall be final,
aud binding upon the parties andth Government,
and " no shall have power either to affirm, modi-
f., or reverse the decisions Of the register and
. cever and to authorize them TO grant certificate,
, , upon the cash payment to the receiver, of what
: may be determined to be n far assessment on the
e lot confirmed; and upon such payment being
made, and the return Of the certificate to the
General Land Office, patent shall issue. And
the said register and receiver, shall each receive,
: from the proceeds Of such sales, the sum of fvs,
dollars for every claim examined and adudieatetl
y by them under this act,
= SEC. y. Ind te It further enacted, That it
T shall and may be lawful for the commissioner to
order into market, after public notice of at least
: two months, all vacant lots, or lots TO which a
claim may be rejected, and 10 sell the same for
! cash TO the highest bidder, subject TO minimum
4 Of two-thirds of their estimated value; and upon
such sales being made, and proper returns report
: ed to the General Land Office, the commissioner,
" ,f tho nroceeiipos are found repuIar shall he