, 1853-04-09

10 the fact that there are many settlers who |
are now claiming valuable tracts of land
that are included within the boundaries Of
the land claimed by the agents of the Hud- !
sons Bay and Puget Sound Agricultural
Companies,' Controversies have arisen, NOT
only as to the boundaries claimed by those
under the treaty, but also as to the
extent Of the rights protected by the treAty.
1t is exceedingly desirable that definite
boundaries be established, and the nature
and extent of the rights of those claiming
under the treaty be defined for, as ii now is
in state Of uncertainty, it is a fruitful
source Of annoyance and anxiety TO the SET
tiers, and 10 tAose'eIaiming under the treaty.
DONATION Law. ~ ..la,.' '
] would respectfully call your attention to
some of the difficulties thai are experienced
by settlers upon the public lands, and by
this Office, in the application Of the act Of The
9Th September, 1850. ." ti't .
/. The act requires all claims to be Ia
ken in compact form, and, after the lst
December, 1850, by lines running north,
south, east, and west no exceptions being
made in the law that viii allow the numer-
Gus irregular fractions that are left between
old claims 10 be taken by later settlers.
2. The law requires all claims that are
taken aiter the survey, 10 be taken in con-
formity with the same, and in compact
form. All settlers upon the land before the
survey are allowed 10 have their claims as
taken, provided they are in a compact form,
and it is not Practicable TO take by legal
subdivisions, A great portion Of the claims
that were taken before the survey cannot be
taken by legal subdivisions, without seri-
ousl y injuring the settlers. These claims
bEeak into many legal subdiYisions F; the pre-
else amount left in the subdivisions made
fractional by these older claims cannot be
ascertained until the surveys are made, at
the request and expense Of the settler. No
limit Is given to the time when the settlers
shall have their claims surveyed. .,-,e,
8. In cases where there is conflict of
boundary, there is great embarrassment ex-
perienced for the want Of authority, by some
officer, to compel the attendance Of Witnesses
to give their evidence before the Surveyor
General, or some officer qualified by law to
take testimony also for the want OF author
Ry TO take testimony that is desirable 10 per-
petuats. There are many conflicts Of b6un-
dAries where ihe lands are not SURVEYED aud
may not be for some time. Many of the
witnesses are passing away by death, or
leaving the country, and the want Of the
testimony Of many Of these witnesses viii
in many cases work serious injury to the
different parties.s The want of the testimony
of witnesses to the fac, of residence and oui-
tiyation, that might. If authorized by law.
be taken and perpeluated, that lhe law now
REQUIRES to be made after the expiration Or
thsn four years from the date Of the com
mencement OF residence and cultivation.
will also be seriously felt bV mauV seitlers
that i've in isolated portions orlhe territory.
4. There are now many valuable papers
placed on file in the Office Of The Sufvsyot
General, infcases Of eonfict Of boundary,
copies of which will bb Wanledlby the par
lies in some cases where suits pre now
pending, Some power Of authentication
should be given TO the Surveyor General,
that copies duly certified. by him could Be
used in lieu Of The original papers On iile IN
bis Office. 5i'l q, roiil,iIs1r Oh lol ,.s,,
5. The fourth section provides that all
future contracts by any person entitled to
the benefit of the act, for The sale Of the
land to which they may be entitled under
the act, before he or they have received
patent therefor, shall be void. If this pro.
vision Of the law could be changed so Is to
allow sales by settlers who have received
certificate that thew have fiIiv comnl;ad
with the provisions Of The law, and making
certificates issued IN conformity with the
act of September 81, 1850, priSsa facis evil
dence of a title, it would be Of great advan.
lage to all holders of lots in The different
towns and cities, and to many settlers who
desire 10 sell portion Of their claims 10
enable them 10 improve, and Ia many casei