Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 1, Ed. 1, Saturday, December 16, 1837

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is
countryj.and the name or names of the witness or
witnesses,-by whom the claimants severally proved
their claims: and the said clerk shall, at the end of
every month, forward -to the commissioner of the
neral land office, a correct list of the names to
whom certificates have been given, the amount of
land granted to each individual, and the date of
the claimant's emigration lo the country : and the
said comm issioner of the general land office shall
keep a record of all such returns v hich may be
made to his office; and the said clerk shall, before
"entering upon the duties of his office. gie a bond,
- wim.gooa security, to be-approvrd of by the board
or land commissioners, in the sum of hvc thous
and dollars, payable to the president or hi-, sue
cessors in omce, conditioned tor the i.-mnuii per
formance of the duties of his office f-i tL-rk and
Tegister, and the safe keeping of the rc-cOrtfe thcre-
V Sec. 15. Be itfurlher enact-i, That every efcr-
iififatei which may be issued by authority of this
-act, shall be signed by the boa.-J of land com-
missioners, and attested by the clerk, and for every
such certificate so issued, the party claimants shall
pay the sum of five dollars, one half of which shall
-go to the clerk, and the other be equally divided
between the quorum of the board actually presi-
ding. And it is hereby made the duty of said
board, and they are required to--meet at the court
houses of their respective counties on every other
Thursday, then and there to transact the duties
"required of them by this act, and shall remain in
session so long as may be necessary for the trans-
action of the business before the board, for which
services--thoy shall be entitled to demand and re-
ceive the fees herein allowed, and ho more. Pro-
vided, that after the land offices shall hare been
open three month?, the said board shall not be re-
quired to meet only on the first Thursday in each
month, and if that day should fall en a regular
court week, so as to interfere with it, then they
shall meet on the next Thursday thereafter.
And further pro-vided, that i majorlt- of said board
shall form a quorum to traneact the duties herein I
required of them.
Sec. 16. Be, itjurthcr enacl-.d, That the de-
- cision of a majority of said board of commission-
ers shall be necessary to entitle any person to a
certificate of their claims, but if a majority of said
.board should decide that any claimant who pre-
sents himself, or herself, before them for a certi-
ficate, is not entitled to the amount of land which
they claim, said claimant may take aa appeal from
their decision to the next district court for the
county in which said claimant may live, citing the
board of commissioners to appear as defendants,
where it shall be tried; nd in all such cases the
district attorncj' shall represent the interest of the
"republic, for which services he shall be allowed a
tax fee of ten dollars on every such case, to be
daid by the appellant, together wifh all other
costs of suit, in case he or she fails to obtain a
verdict in his or her favor. But if the appellant
should obtain a verdict for the amount of land
whlch he or she claims, the costs of suit shall be
paid by the republic, when the commissioners'shall 1
a certificate in accordance with such deci
sion.
jSec 17. Be it further enacted, That any
certificate of claim to land, which has been or
may B" obtained in the manner and form herein
prescribed, shalbbe sufficient evidenceto authorize
any lawful surveyor to survey for any person hold-
ing such certificates, any lands which he may point
out, agreeably to all the laws which do now, or
may hereafter exist on that subject. Provided,
also, that where more than one application is
made -for the same tract of land to be surveyed,
the settler or occupant shall have the preference if
their claims be otherwise equah Provided, that
no location o-improvement made since the decla-
ration of independence by persons who have since
thatime arrived in the country, shall be regarded
when they come in conflict with ihe claims of
those who were here at the declaration of inde-
pendence. But those individuals entitled to the
six months preference, shall have the right of
locating their lands upon anjr vacant lands of the;
republic, without regard lo any improvements
made by individuals -who have arrived in Texas
since the declaration. In all other cases, or in
case there be more occupants than one, the con-
flicting claims -shall be summarily tried by the
nearest justice of the peace and six disinterested
jurors summoned for that purpose, and upon their
decision thejjsurveyorshall grant to the successful
party the field notes of thetract of land, giving
in all cases the preference io"the oldest occupant
and settler. Provided, in all cases, that the claim-
ant shall apply for such certificate in the county
in which he or she may reside at the date of the
passage of this act; and provided that persons
claiming land by inheritance or assignment, shall
apply for such certificate in the county where
the testator died, or where the assignor lived at
the -time of making such transfer.
Sec. 18. Be it further enacted, That whcn
two or more persons cannot agree to' a division
line of any land, which has never been surveyed
agreeably to Jaw, it shall be lawful for either par-
ty, to apply to any justice of the county or territo-
ry in which the land lies, or if there be no justice
of the peace in the county or territory, then to the'
nearest ' justice in any county or territory, and
make oath that he has tried and has not been
able to settle the dispute between himself and one
or more. other persons, (naming them,) concerning
a division line, and the said justice shall issue a
warrant lo any lawful officer to summons the par-
ties defendant,together with "six disinterested ju-
rors, to meet upon the premises in dispute, togclh-
er'with such witnesses as either party may choose
to have summoned, to give evidence on a certain
day, naming at what time and place. The justice
shall also meet the parties, cxamilSall the testi-
mony .before the jury, who shall, on Jith, hear and
determine the case in disput-, and shall also deter-
mine'who shall pay the cost of suit. Each juror
h,ave ,beeu already established by law for olh.r
similar services. Provided, that if the land in dis-
pute should be on a county line, it shall be lawful
for a justice of either county in which part of the
land may be, lo act in such case; and in case eith-
er party be dissatisfied with the decision, he or she
shall have the right to appeal to the district court
within ten daXs, upon giving bond and security
for the costs.
Sec 19. Br it further evaded, That it shall
be the duty ef the surveyor in all cases, before he
runs a division line between two settlers claiming
lands, lo notify the party or parties interested, be-
fore running the same, in writing. And any sur-
vey which may be made contrary to the true in-
tent -and meaning of thfs section of this act, shall
not he a lawful one, and the field notes of every
survey which shall be returned to any land office
hereafter for the purpose of getting a title for the
same, shall be under oath of the surveyor, who
shall swear it" wa executed according to law, and
shall also swear the snme Was made prior lo the
closing of the land office by the consultation, or
subsequent to the opening of the same by this act,
and if made prior to the closing of the land offices
by the consultation, the siimc shall also be proven
by at least two respectable witnesses.
Sec. 20. Be it further enacted, That the com-
missioner of the general land office is hereby au-
thorized lo grant, to .ill persons holding an order
of survey legally obtained previous to the closing
of the land offices in 1835, and having a survey
which was made agreeably lo said order, and in
conformity to law in all respects, a patent for the
same, upon the holder presenting the certificate of
some board of land commissioners, that he is en
titled to the quantity of land surveyed, and making
such preof to them as is required by law, and up
on ms paying tnc severances ae the laws require.
fcsc. at. Be it further enacted, That all lands
surveyed for individuals lying on navigable water
courses, shall front one half of the sauaro on the
water course, and tlie line running at right angles
with the general course of the stream, if circum
stances of lines preriously surveyed under the laws
will permit, and all others notion navigable water
courses shill be square, if previous lines, will per-
mit; and under no circumstances shall any one
grant be located in more than two surveys.
Sec. 22. Be it further enacted, That each
and every individual under the age of seventeen,
wno has volunteered in the service of his country,
and who has received an honorable
ler receive an honorable discharge and taken i same, taking a receipt therefor; and the said pat-
t.:e oath prescribed by the constitution, or who
may have died, shall receive the quantity of land
by this act secured to original colonists. Provi-
ded, that the priority of location mentioned in
the thirty-eighth section of this act shall be ad-
cntees -in all cases shall pay as government fees the
prices fixed by the colonization laws of Coahuila
and Texas in force at tl.c time they emigrated to
this counliy. And if they emigrated subsequently
to ine anCtday of May, lo35, and previous to the
hercd to; and further provided, that none hut the declaration of independence, they shall be required
person wno servea, or ins nem,, snail ne cntiueo to pay tne amount iixed by a Jrfwpassed by the con-
to the benefit of this provision, and all augrncn- gress of the state of Coahuila and Texas on the
tation shall accrue to the original claimant, and above date.
not lo the person to whom it may have been ' Sec. 37. Be it further enacted, That the prea-
transferred; providfd, no person who is entitled to ident of the republic of Texas be, and he is here-
the benefit of the first part of this section of this by authorized to contract for the surveying and
act shall be entitled to the benefits of the latter i cause to be surveyed, at the expense of tins gov-
jjiiitui me hiuiiu, aim evuij putauii wnu ucia m- ui:iinuiit a auuicicm quantity 01 Janu tO SatlSly the
rived in the republic since the declaration ofinde-
pendence, and previous to the 1st of October,
1837, who is a free white person and the head of
a family, and who actually resides within the go-
vernment with his family, shall be entitled to an
additional grant of twelve hundred and eighty
acres of land by paying the fees of office and of
surveying. The conditions of said grant shall be
that both grantee and his or har family shall re-
main and reside within this republic, and do and
perform all the duties rcq"ircd of other such citi-
zens, for the term of three years; after which time,
he or she shall receive an unconditional deed for
said land; and in no case whatever shall a grant of
that description be made unless it be satisfactorily
proven that all the conditions and provisions of the
law have been complied with. And all single free
white men who have emigrated to this republic
since the declation of independence, and previous
to the 1st of October, 1837, shall be entitled to six
hundred and forty acres of land, and if they mar-
ried before the 1st day of October, 1837, they shall
be entitled to an additional quantity of six hundred
and forty acres of land upon the same conditions
as above named, and all laws contrary to the mean-
ing and provisions of this section aie hereby re-
pealed. Sec. 30. Be it further enacted, That all offi
cers an d soldiers who engaged in the service' of
Texas previous to the 1st of March, 1837, whose
families are now here or may arrive within twelve
months from the date of their discharge, shall be
entitled to the same quantity of land as they would
have been entitled to, if their families had emigra-
ted with them to the country.
Sec. 31. Be it further enacted, That the
,. , - noaru oi janu loiiiiiiismuuuis mi; uuicuj duuiww-
f!8"0,11' cd to grant lo persons claiming land of this gov
ernment unaer me -itin secuuu ui una uui, . cei-
shall be entitled to the fame quantity of
hr.ortRrinrllf fh-if- Un. rtm.,A K ICUn . ., -
,, .go, and upon the ,a,no condition, '" , !!' V!5 iT'Tli
SEC. iJ3. Be it further enacted .That a sin- umuu tu w" " '" '"" ." " ..., ---
gle men who were in the republic at the date of tm?
the declaration of independence, and entitled un-
der the constitution to one-third of a league of
office, shall when
m saia ceruncate, uie uuiuum uj juuu tu
which the claimant is by law entitled; at what time
he or she arrived in this republic.
land, and who have since marred, or mav wirhin I ' M. De u jurmer enuueu, xiiul i e coiii-
k- j. i ii. -uii t- ' i-ii.j x. .11.. missioner of the general land
ww .iav tilW.Tl uiuuuici CI1U11 lt CI1UUCU IU HIU
general
additional quantity of two-thirds of a league and required by the president of the republic or either
a laoor oi land. Provided, that; the benefits of this
section shall only extend to those who have con-
tributed to the support and defence of their coun-
try: and provided, this additional quantity shall
not be allowed to any whose wife has received a
league oi land of ths government.
- Sec
. 24. Be it further enacted, That whereas Uioner of the general land office .hall be, ;
nons have received titles under the coloni-heis herebj authorized to appoint a trtfnsla
house of congress, make a plot of any land sur
veyed under the authority of the government, and
give such information respecting the public lands
and concerning the business of his office as shall
be legally required.
Sec. 33. Be it farther enacted, That the com-
and
itnr.
many persons have received titles under thecolom- "c " V ,f J """'""'"'" . "rr "" -; -
(Mn lm o. i;0 A. Aitrt. :, i whe shall undergo an examinanun its iu in uuhuu-
sioners of the country, and whereas many condi-' cations ,and shall understand the Castilhan and
tions were by the law attached to such titles, that Eng,ish languaSeg and !ha11 beiore bo enters upon
all such condition be, and they are hereby can-j the d"hesLoi h.lsofcce and subscribe the oath
celled, and the titles to all such lands are hereby of office herein prescribed, shall give bond with
ratified and confirmed. Provided, that such per- or mor good and sufficient securities i in the
sons shall pay, or cause to be paid, to the presi- "" of ten th3" dollars, to be approved of by
dent of the board of land commissioners of the the secretary of state, and shall be payable to the
county where such land may be situated, within president or his successors m omce luuuiuoucu ior
six months after Ihcfopening of the land office, all the faithful performance of his duties, and the said
money which may be due or owing on the same:' translator shall hold hisofrce tor the term of hree
provided, that the condition of remaining in the-yearsand snail oe aiumeu iaj u two muua-
country, and the provision prohibiting the sale to ana aoiiars per auuuni Fyw.. 4. ..,,.
aliens, shall not be repealed by this law. And fur- Sec. 3-L Be it further enacted, That it shall
thr provided, that no title by this act shall be con- h the datY of said translator, to trans ate into the
firmed which was illegal or invalid ab initio. English languageand record in a book to be kept
And further provided, that this act shall not extend by him lor that purpose, an me jaws ana puonc
to any grantee or individual for a greater amount
of land than one league and one labor.
Sec 25. Be it further enacted, That no per
son snan, qy virtue oi an improvement, mve a
right to claim more than one league and one labor
of land, and that improvement shall consist in the
clearing and fencing in a farmer like manner, at
least four acres; and this privilege shall not ex
tend to any person or persons who have previous
ly received a title to the quantum oi land to which
they were entitled, nor to any person or persons
entitled to a grant of land by purchase.
Sec. 26. Be "it further enacted, That it is
hereby declared, that all emprefarios' contracts
having eeased on IhCvday oi the declaration of
independence, all the vacant lands of, Texas are
the property of this republic, and subject .alone to
the disposition of the government of the same.
Sec 27. Be it further enacted. That in order
to settle the claims of empresarios, each and every
one of the same are hereby anthorized to institute
a suit against the president of the republic of lex-
ai, which suit or suits shall be tried in the coun-
ty in which is situated the ic-tt of government,
and shall be tried as all other land suits are re-
quired to be tried. And should any empresario
who should ihus sue, fail to establish ihe claim
for which he sueg, he shall pay all the costs of said
suit. Provided, that neither aliens nor the assign
ees of aliens shall be entitled Ito the benefits of
this act.
Sec. 28. Be. it further enacted, That it shall be
the duty of the 'attorney general to attend to
all such suits; in behalf of the republic of Texas,
and the president is hereby authorized to employ
such additional counsel as in his opinion he may
deem proper; the expenses of which shall not ex-
ceed one thousanddollars in each case.
Sec. 29. Be it further enacted, That every
volunteer who arrived in this republic after the
in such case shall be allowed two dollars per day 2nd day of March. 1836. and before the lot of
for ":? 8crvicEs the other sfficcrs, such fees ' August, 1836, and has received or may hereaf-
r.ontrants relative to the titles OJ land which are
written in the Castillian language, and also to
translate and record in like manner, all original
letters which are written in the Castillian lan
guage, which may be on file in the office of the
commissioner of the general land office.
Sec 35. Be St further enacted, That should
a vacancy occur during the resess of congress, by
death, resignation or otherwise, of any member of
either of the boards of land commissioners, or of
the clerk of either of the said boards, or of any
county surveyor, it shall be the duty of the board of
land commissioners, to noiiiy sucn vacancy to tne
commissioner of the general land office, forthwith,
and to recommend some person suitably qualified to
fill such vacancy, whereupon it shall be the duty of
the commissioner of the general land ofhee to fill
said vacancy by ah appointment, and report the
same to the congress immediately on its next ses-
sion, which officer shall continue to perform the
dutiesof the office, to which he is appointed, agree
ably to the provisions of this act, until his successor
is duly qualified.
Sec 36. Be it further enacted, That so soon
as the certified copy of the field notes and plot oj
any survey shall be made and transmitted to the
president of the board of land commissioners for the
county where the land or a part of it lies, and
the amount of money fixed by law as the price
of such land, .be paid, the president of the board
of land commissioners shall endorse a receipt for
such payment on the back of said field notes for
which he shall give duplicate receipts and transmit
the field notes to the commissioner of the general
land office, who shall forthwith make out in due
form a patent for said land, and record the same in
a book to be kept for that purpose, and transmit
the original to the president of the board of land com-
missioner ,for the county where the land lies, who
shall enter a minute of the said patent on his books
and deliver the same to the party who isenlitled to
it, or Eomc one authorized by him to receive the
.'holders of all land scrip that may have been issued
and sold Dy this government, agreeably to the law
in all respects. And the secretary of the treasury
is hereby authorized lo pay out of any money in
the treasury not otherwise appropriated, the expen-
ses which may accrue in completing such surveys
Provided, it shall not exceed three dollars for eacb
English lineal mile actually iun.
Sec 3S. Be it further enacted, That when
two or more locations have heretofore been mad
on, and titles granted for the same piece onamf,
or where the boundaries of different titled surveys
conflict with earh other, the party who has his title'
or order pf survey of subsequent date, may on pro
per showing of all the facts, and the certificate- of
a legal surveyor to ihe board of land commisjieii
ers of the county in which the land lies, have Ins
former title cancelled by said board and a new or-
der issued for his quantumof land or so much there-
of as sh?H be affected by the conflicting lines- or
boundaries mentioned in this section.
Sec 39. Be it further enacted, That the sev-
eral land offices contcmnlatcdand established by
this act, shall commence and go into operation: vn
the first Thursday in February next. Provided,
however, that the operations of the land ffice in
the county of Red River, shall not extend t& any
portion of the territory near the supposed boun-
dary line between this and the United Statea-gov-ernment
of the north, and provided, also, thatshotjld
any person obtain a certificate for land from said
hoard of land commissioners for thecounty of Red
River, who at the date ofu the passage of this act
shall reside east of the boundary line hereater to
be run bebveen Texas and theUnited Statesrsaid
certificate shall be void, and their operations shall
be confined to the granting and completing of land
titles to all those who by the existing and previous
laws, have acquired a preference fn the first lo-
cation. Of this class are all citizens who were resi-
ding in Texas on the day of the declaration-of inde-
pendence, and those volunteer soldiers who served
a tour-ofduty in thearmy of Texas previous to-that
time. For this class of claimants the land" ofilce
shall be opened and remain six months in operaKnt
granting and completing titles alone to-that efaw of
claimants. After which other legal claimants-shall
be entitled to have their land titles completed', as
herein provided and directed. And the unmral
boards of land commissioners shall be permitted
and allowed to commenccrTTceiving-pircatitms
for lands, and bearing testimony on the first Thurs-
day inPJanuary next, and in case the country shaii
be invaded to an extent inducing the presfdent
lo call out at least one third of the militfa ton- &
defence, the commissioner of the g'-neral land5 eS-
fice shall have power to close the land offices By
proclamation, until such invasion has terminate
j n i i , . . , - - r
ana an laws ncrccoiore enacted on. the
of public lands shall be. and they are
pealed.
Sec 40. Be it furlh-r enacted, That eaclh
county in the republic sh ill be considrred' and
constitute a section, and tli.it o ich . on-Mv nrvvtw
be required, as soon as practicable, to make out oir
procure a map of each county, on which plats-ofi
all the deeded lands in th said county shall be
made, so as to make a fair showing of the same,,
for which he shall r"ceive compensation by special'
appropriation hereafter to be made for thattpuiv-
pose. Sec. 41. Be it further enacted, That audited!
claims against the republic of Texas, shall be re-
ceivable in payment 'of public dues on lands: pro-
vided, the benefits of this section shall not extendi
to any one individual for a larger quantity of land
than two leagues and two labors; and any on&
offering to pay for lands in audited paper on the-
government, shall swear that he has not paid for
as much as two leagues and two labors in such pa-
pei before, either by himself or his agent, whichr
affidavit shall be filed with the chairman of the;
board of land commissioner.
Sec 42. Be it further enacted, That alt-
streams of the average width of thirty feet shall be-
considcred navigable streams within the meaning-
of this act, so far up as they retain that average-
width, and "that they shall not be crossed by the-
lines of a survey.
JOSEPH ROWE,
Speaker of the house of representatives
MIRABEAU B. LAMAR,
President of the senate.
Vetoed by the president, and passed by a.
constitutional majority of the house of representa.
tives, December 14, 1S37.
JOSEPH ROWE,
Speaker of the house of representatives.
Vetoed by the president, and passed by a.
unanimous vote of the senate, December 14, 1837.
MIRABEAU B. LAMAR,
President of the senate.
subicctr
hereby 're-
AN ACT,
To sustain the currency of the 'country.
Be it enacted by the senate and house of rcpre-
sentatives of the republic of Texas, in congrecs assents
bled, That from and after the passage of this act,
nothing but gold and silver, or promissory notes of
this government shall be received in payment of
duties on goods imported into this republic; nor
shall any bank notes be received in payment of

Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 1, Ed. 1, Saturday, December 16, 1837. Houston, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth47965/. Accessed September 23, 2014.