July 1, 1848.
Chap. XC. — An Act for the Relief of the bona fide Settlers under the Acts for the armed Occupation
and Settlement of a Part of the Territory of Florida.
Bona fide settlers under the act for the armed occupation and settlement of a part
of the Territory of Florida to be entitled to patents for the lands settled and occupied
by them.
1842, ch. 122.
1844, ch. 71.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That in all cases in which proof shall be made to the satisfaction of the Commissioner
of the General Land Office that any person who obtained a permit under the act entitled
"An Act to provide for the armed occupation and settlement of the unsettled part of
the peninsula of Florida," approved August fourth, eighteen hundred and forty-two,
and who was an occupant under that act, and the act amendatory thereof, approved June
fifteenth, eighteen hundred and forty-four, and who actually occupied or settled under
said acts, and did not voluntarily relinquish and abandon the same, but continued to reside on said frontier south of said line specified in said act
of eighteen hundred and forty-two, thereby aiding to effect the object of said acts, and who has not received the lands
provided by said acts, such settler shall be entitled to a grant and patent for the
land so occupied or settled by him, the same as if all the conditions and stipulations
of said acts and requirements of the General Land Office in relation thereto had been
fully and strictly fulfilled and complied with.
Settlers may locate their rights, if interfered with, by prior claims on other lands
in the same or adjacent township.
Sec. 2. Be it further enacted, That in all cases where the lands settled or occupied by such settler, or any part
thereof, were or are not legally subject to donation under the said acts on any account
whatever, then such settler may locate his right, or the part so interfered with,
on any vacant public lands in the same, or any adjacent township.
This act extended to widows and heirs of settlers.
Sec. 3. And be it further enacted, That this act shall extend to, and be construed and executed for, the benefit of the
widow and heirs of any settler, according to the principles of the fifth section of
said first above-recited act.
Secretary of the Treasury to appoint an agent to proceed to Florida, where the said
lands lie, to receive proof in relation to such settlement and occupation.
Said agent to transmit all the proofs taken by him, with his opinion in each case,
to the Commissioner of the General Land Office.
Time of proof limited.
Decision, how made.
Salary of agent.
Sec. 4. And be it further enacted, That immediately after the passage of this act, the Secretary of the Treasury shall
appoint an agent to proceed forthwith to the different county seats of the counties
of the State of Florida, where said lands lie, who shall attend at least ten successive
days at each county seat, if so long time be necessary, to take and receive proof
by depositions before him, or in such manner as he may prescribe in relation to such
settlement or occupation, and of settlers being entitled under this act to a grant
or donation of land as aforesaid; and said agent shall also attend at such other places
in said settlements as the convenience of such settlers in furnishing their proofs
may demand, under the instructions of the General Land Office; and said agent shall, within five months after he shall commence
his duties in said State, transmit all the proofs he may take, and make report of
his opinion as to each case to said Commissioner of the General Land Office, who shall
proceed forthwith to examine and decide said cases: Provided, That if any settler does not submit his proof to such agent within four months after
reasonable notice, by ad
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vertisement of the times and places of his attendance to receive such proof, said settler shall
not have the benefit of this act; and all the cases reported as aforesaid shall be
definitively decided by the Commissioner of the General Land Office within two months after the
report thereof is received at his office; and said agent shall be allowed the same compensation as is allowed by law to examining
agents of the Treasury Department.
Approved, July 1, 1848.
Printed Document, 2 page(s), Public Acts, 30th Cong., 1st sess., George Minot, Statutes at Large 9, 243-44