Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 49, Ed. 1, Tuesday, December 27, 1836 Page: 1 of 4
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TERMS, $5f PER ANN., IN iD VAN CE? .
ADVEKaUSINtt, USUAL PRICES.
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OFFICIAL.
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"&ta6Kd Ginetal Xand Office fon ihe.tRepvblic of Texas.
M-iftmcrtLi JBeiitTenacted'Injthe senate andhause of representatives,
tike republic of Texasr.inipongress assembled?. That ther$ shall J
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.officEolHill.faoiaJlffiJdfical th'H&atLof gdverSmeh
tr-ost; uuiy it uiictit-uc iu upt;iiutcuu; uietue uuu punuuu u
i!" Sec. 4 betitmihen)enaciedfTiiat there, shall he in the
Wd office, an inferior officer, iobe,appointed by the said princi
pal officeiVjtobe employed therein as he shall deem propernd
be called jibe chief clerk of the general land office: who; in all
amies, when.thesaid principal office shall become vacant, during:
suh TacaMy5sb.ali.haTe thechafferaaustody of the seal and.
,,af recoras, 'dooks ana papers oeionging toane saiaomce. i
esEC. d. And be it further -enacted I hat the said principal
fficer and everv othen-person to be appointed and emoloTed in
iie said office, shall, before, he enters onthe duties of his office.
iake and subscribe the following oathof, office: "I, A B, do sol
emnly swear or affirm, that,I ,will honestly and faithfully dis-
ciarge the duties ojmy office as -
nouc iavor or parnant) , so neip me voa."
bee. 4. And beit further enacted, "Ihat the said commission-
SrXof the general land office shall cause a seal to be made, and
jftmde'd1 for the said, office, with such device; as the president of
thelrepublic shall approve; and copies of any records, booksor
jpau6rs,Lqeionging Jto the said othce3 under the signature pi the
sawi commissioner, or wnen tne omce snail Decome Tacant, tm-
r tfiie signature of the chief clerk; and the said seal shall be
tpmperenc evidence, in an cases in wnicn tne original recoras.
ooks or papers could be evidence. t &
Sec. 5. And be it further enacted, That the said commis
sioner shall fortHwith, after his appointment, be entitledo the
custoay, ana snail take charge 01 the said seal, ana also, all the
records, bGibksand papers in any wayapperEaining'tothdlands
of.the .repubKs!and that may nowbe,!inithe care ortpoSsession
of all empresarios, 'political chief?, alcaldelcommissarios; or
n; ana
deemed
j coiHnMssioners iorjissmng.iana aues, or any. otner perse
thesatd records, books aha papers shall'become'and bV
the books and papers' of 'the said office'. J k " -l '
papers
tSfcJ5. AndaJB.riker enacted That "the said commission
er shall, TrIieTrfeflmrBctfrTIffe presldgm uf.ihuitirobHtoT'Tr4Iy,tlac--Pgor-f'n hn.shallJioJdJftiejEDffices atsuch places as con
gress may bylaw direct. And5tnereceiver shall enter into bond
with good and sufficient security, to be approved of and certified
by the chief justice of the county court, payable to the president
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t
asi, or cither house of congressmake, a plat of any land survey-
? rt Iirlo V10 oiifVirtrifir fP flo nnrniinmonf qn1 nitra cnV Srifrwt
gmafionresnecfing thej(ublic lanSs and concerning the business
S.oSii Office ds shall tfe-legally' required. A
. Sec1. 7. JLnd be it further enacted That in aH'casesin which
ftn'dirsball Be hereafter iven by the republic of Texas, for mil-
itary services, warrants shall be granted to the parties, entitled
losuch lands by the secretary of war, and, such warrant shallbc
- recordedan( books to b&Jkept by him for that 'purpose, and shall
helocated as is provided by this act.
Sec. 8. Andbc it further enacted, Thai all patents issuing
from the said office shall be in the name of me repub'lic of Tex-
as, and under the seal of said office, and be signed by the pres-
ident of the republic of Texas and counter-signed by the com-
- missioner of the general land office.
( Sec?9 And be it further enacted, That no person appoin-j
teuio an qmce instituted Dy mis act, or employ ea in any sucn 01-
&e, shall 3irectry or indirectly fbe concerned in m'e purchase of
uj i-iguL, uuu, ur imprest in any puouc lana'euner in nis own
- same, right) or1 in trust for any .other person, or. in th6.nam&-or
L iht f; aftj:ther person in trust for hinaselfnpr. shall ake, or
jeceive any. fee Qr.emolument for negotiating or transacting' the
' Tmsinesl' of said office. And anv person offenainsrin me premir
ges ainsrthe prohibition of tms act, shafFforieit and pay one
mce. ,. . i .-',. 3
Ssf'l$,tikdr be it ftirtherienacted, That the commissioner
ofthegeneral land office shall be appointed by thepresident,
Trith. the consent and advice of the senate, and said $commis-
,j aiuneroi me general iana omce snail noia ms omce lor tnree
5tvears. and Sha.ll be rfi-filioihlfl. TTn eTinll rprpiup nn nnnnnl onl
rrof three thousand dollars, per annum, payable quarterly, out
Jyt XJ"uuuj i" "e, jreasury noc omerwise appropnarea. Ana
iae tid commisaoner shall JhaTe the privilege of sending, and
" jecaving letters and packages, and also final certificates,and
patents of land, free of postage.
t " Sac. llAndrbc it further enacted, That the commissioner
the general land oSpcshall be authorised to employ a suffi-,
cient jmmber of clerks,MJrf vided that their annual compensation
It iftall :not exceed in the whole, two thousand dollars per annum;
Vfc .-it ? Ye sa competisatipn shall he paid' out of any monies in
.g masuiy not otnerwise appropnarea.
Sic. J12. And be it further enacted, That there shall be cs-
tablishedi?. landeffice,No. 1, at the house of George Wright, on
4 Rqd River, for, the- district of Red River, which shall include
if, that cbuatry lying and situated within the followine bounda-
fJJCfj viz'-Jttje line to begin at the mouth of the Sulphur fork of
""Red river, and run up that river to the crossing of the Tram-
mel trace, thence on that trace to the Sabine river, thence up
tuatnver ro its source, then due west to the Trinity river,
thence up that river to its source, thence due north to Red riv-
ef, thence down that river to the beginning. And a land office,
J No. 2, atSan Apgustine, lor the counties of San Augustine", Jas-
J&iMtyne and Shelby. One other land office, No. 3, at Lib-
erty, for the counties of Jefferson, Liberty and Harrisburg.
One other land office, No. 4 at Nacogdoches, for all that sec-
iion' of country wiich lies northof Liberty and dast of the Trin-
ity, not included in any other land' office district. One other
t Lan office, No. 5, composing the counties of Brazoria, Matagor-
da aad Jackson, to be located at the town of Mataeorda. No.
6j composing the counties of Austin, Colorado afcd Washington
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to be Jocated at the town of XVashington. No. 7, composing
the coun(y4of 5Milamand all thcountry west of the Trinity,
and east of thel Brazos,' notincluaedin,any other land district.
No. 8, composing the county of JMinayiand all the country west
of the Colorado fiver, north of the La Bahia road, and east of
JDeWitt's colony, to be located s at-the town of Mina. No. 9,
composing all that tract of country heretofore embraced in the
'Colony of DeWitteto be located at the, townirf Gonzales. No.
10,also'uland.Sffice,tO'belocatedat St. Antonio dc Bexar, for
Jt?thattVacfcquntry west,bfl)eWitt"s and north of Power's
Iohypbl aland office lo be located at the town of
"Victoria; 'for allthat- country west of the district of Matagorda
and sodth oft Gonzales and Bexar.
t Sec 13f And be it further enacted. That the several surveyors
general shall be appointed by the President, by and with
the advice and consent" of the senate; shall be commissioned by
the president may continue in office three years-1 eligible to a
re-appointmentshall reside at the land office for which he is ap
pointed; whose duty it shall be to furnish such regulations and in-
structions to their deputies, as may be furnished them from time
to time by the commissioner of the general land office; shall ad-
minister oaths to the deputies as prescribed in the third section
of thisact; whose duty it shall be to examine the field notes and
plats of all surveys which have been or may be made within the
bounds of his authority, for the purpose of getting a patent for
them, and see that they are correct; and shall certify the same'
on the same paper on which are the field notes; and shall
carefully preserve in his office a copy of all said field notes and
plats. And .said surveyor general shall be entitled to charge
persons presenting field notes and plats for his inspection, the
following fees, 'viz: for every field note and plat of a survey
which lies in a square or an oblong shape Jone dollar; for every
survey -which 'has more than four lines anif less than eight, one
dollar and fifty cents; over eiht, and less than thirteen, two
dollai-s; and for all which has more than twelve lines thersum of
three dollars. .And on application of any individual in person
to any one of the-surveyors general, and producing sufficient tes-
timony of proper qualifications, he.'shall be deputed by the said
surveyor general to survey any where within the bounds of his-
authority; for which deputation the deputee shall pay the sur-
veyor general the sum of three dollars.
Sec. 14. And be it further enacted, That there shall be one
register of public lands, and one receiver of public monies for
each district to be appointed Ijj the president, with the advice
and consent of the senate, for the term of three years, eligible to
a re-appointment; and for misc'ondiict in office maybe suspended
and us successors in office, in the sum of ten thousand dollars,
which bond shall not become roid on the recovery thereof; con-
ditioned well and truly to pay all such sums or funds that may
be paid to him on account of the public funds, to the secretary
ofthe treasury, for the use of the republic; and said bond shall
le filed in the office ofthe secretary of the treasury; a certified
copy of said bond from under his hand and seal shall be evi
dence in any court having competent jurisdiction, to recover
judgment thereon, against such receiver of public monies.
t ' 2ec. lo. And be it Jurther enacted, I hat any person who is
legally entitled to a grant of land ofthe government, either 'by
citizenship, heirship, or purchase, may apply in person, Or by a
duly quahhed representative or agent, and by producing-legal and
sufficient testimony'of their claims to the register and receiver
ofthe land office for the districts in which they may live; or if
an heir or heirs, or assignee, the district in which died the testa-
tor, or last lived the assignor; and the said register and receiver is
hereby authorized to grantto such person so applying, an order of
aurveyj directed to any legally authorised surveyor ofthe republic
oi l exas,iorthe amount oi land to which they are entitled: statmsr
in the said order of survey, at what time the said grantee emigrat
ed to the country oris anative; for which order of survey thegran-
teeihall pay to the 'register and receiver eaclrtbe sum of one dol
lar; and the said register shall record all of said orders in a book.
and at the end of everymbnth,'- fdrward to the commissioner of
the general land onice'a copy 6f the same; The said register
shall also record in d book all powers of 'attorney or any other
instrument of writihg' connected with the 'grant? of orders of sur-
vey, for which the applicant Shall pay for recording twelve and
a half cents for every hundred words; all of which instruments
shall be forwarded also to the commissioner of the general land
omce monthly, provided always, that any person applying for !
lauu as a suuier,' ana claiming ms neau ngnt as sucn, snajl De
required to tdke-and subscribe the following oath or affirmation
before receiving anv order of survey, such oath or affirmation to
be made before ahy person legally authorised to administer the"
same: "I do solemnly swear (or affirm) that I was a f resident
citizen ofTexas at the date ofthe declaration ofindependence;
that I did not leave the country during the campaign of the
spring of 1836. to avoid a participation in the struggle; that I
oia not rciuse to participate in tne war; ana mac i did not aid
or assist the 'enemy: that I have not previously received a title!
for my quantum of land and that I conceive' myself to bc'iusV;
ly efititled Vndcr the congtitutionand laws to the quantity of
Iand'-fbr which T now ajipiy:" provided, that widows,' females or
orphatfshall 'be,' and arc he'reby dxemptfrom the duties re-
quired Ixy thiasectionl ,k ' j
- "" Sec. 16.1 -And bd it farther endcted, That alfpersons claim
ing lahd for miHtarrservices, and having a-certificate Jof 'the
sameybr any order'of survey emanating from the proper 'autho
rities, may-appiy uirectiy to Tne deputy surveyor,1 ano nave nis
land surveyed; add said deputy surveyors are hereby authored
to surver for'anv person naviher such certificates or ordffiWof
!u-r.J2Ctil.J !...! i-.?-.. -n -jfi ,...i.
ruy, cuuiuruiciuJY iu lueiriuairucuuus: pruviueu, mat aif. per.
3 hdluing such warrdnts, certificates, or orders of-Mjrw. sha!1
er'of the disfcc-
Sec. 17. And be it further enacfed, That all surveys which
have been or may hereafter be made, agreeably to law in all re-
spects, and certified by the surveyor general for the. district in
which the land, lies, as required in the eleventh section of 'this
law, shall be patented; and the owners, thereof, by depositing
the same in the land office for the district in which the land Hies,
and paying to the receiver of the same, in addition to.the govern-
ment fees, the following fees of , office, shall so soon as practica-
ble, be furnished with apatent for said land or landslTiz:jOTair
patent to a( league and labor of land, five dollars ;-,fora patent Ttar
a third of a league, four dollars j-far-a-patentrtotwundVedr -andeighty
acres, four dollars; for a patent to nine hundred and
sixty acres, four dollars for a patent to six hundred and forty
acres, four dollars; for a patent to three hundred and Iwjenty
acres, three dollars; for a patent to one labor of land, three Hoi-
lars; all of which officefees shall be equally divided between the
register and the receiver; and the several registers shall, upon
the receipt in their offices, of all field notes of surveys, made out
in the manner above required, immediately make out in. such
form and manner as the commissioner of the general land office
shall instruct nimj duplicate Dlank;paf enls foresaid land or lands,
and forward the same to the commissioner of the general land
office, who will immediately cause one ofthe duplicates to be ex-
ecuted as the law directs, and transmit it forthwith to, the prpper
office, for the owner thereof, shall also reservein the generalland
office, the duplicates of grants, and cause the same also to ne
recorded in a well bound book, to be kept by him expressly for
that purpose. And the said grantees shall pay as government
fees, the price as fixed by the colonization laws of Coahuila and
Texas, in force at the time they emigrated to this country.
Sec. 18. And beit further enacted, That the price -of sur-
veying shall be three dollars for each Castilian lineal mile.
Sec 19. And be it further enacted, That if any'onl; of the
officers who may be employed in the land office, should fail or
refuse to do his duty as required by law, he shall, upon convic-
tion thereof, b'eforeCany ' district court 4n this republic, forjbft
and pay a penalty, b any sum not exceeding qne thousand'dol-
lars, one moiety to the republic, and the dther to the party ag-
grieved; and any person so aggrieved, may 'sue the offender in
any such court in this republic.
Sec 20. And be it further enacted That- the president be,
and he is hereby authorized to contract for the surveying, and
cause to be surveyecrat the expense of this government a suffi-
cient quantity of lands to satisfy the holders of all'landsbripaLt
may have been, or which may hereafter be issued, aria'-solcf by
surv
sons
this government, agreeably to law, in all respects 'and 'tHe sec
retary of the treasury is hereby authorized to pay out of any
monies in the treasury, not otherwise dppropriatedfIl "expense's
which may accrue in the completing of said survey! ' ' '
Sec'21. And 'bejl'furlher enacted, That whereamaw frer-r
sons have received titles under the colonization lawsj'asolo-'
nists from the different eominissidners of the country? ahd.
whereas many conditions were, by the laws, attached to said
titles that all such conditions be, and are hereby 'canceliea,
and the titles to all such, lands be; and are li'ereBy'taiifitd and
confirmed: Provided, that such persons shall pay, or cause to be
paid into the office of the receiver of the land office of the dis-
trict where such land may be situated: or into the office of the
secretary ofthe treasury, within sir months after4he opening of
tnu iauu uuiclt, (ti uiunejr vuitu may ue uue or owmgon tne
same: rrovided, tnat tne condition ot remaining in the countrv.
and the provision prohibiting a sale to aliens, shall not here-
pealed by this lawr and -further provided, that no title by tins
act shall be confirmed,-which was illegal or invalid ab initio:
and be it further .provided, .that it shall not affect the rights of
tliird persons: and further provided, this 'act shall not ex
tend to the benefit of any grantee or individual, for a-greater
amount of land than one league and one labor, or that granted
to like citizens by the constitution of this republic.
2ec az. And be it further enacted, That no person shall by
virtue of an improvement, have a right to claim more than pne .
league and labor of land, and that improvement shall consist in
the clearing and fencing, in a fanner-like manner, at least four
acres of land and this privilege' shall not extend to any person
who has preyiously got a grant to the quota of land to which
they were entitled by citizenship, nor to any person or persons
entitled to a grant of land by purchase. " e r i
Sec 23, And be it further enacted, That the'seyeral land
offices shall open and go, into operation on the first day of June
next, an dttheir-operations will then be confined to the.complet-
ing of land titles to all those who, by the existing and previous
laws, have acquired a preference to the first location; of this
class, are all citizens who were here on the day of the 'deqlara-
tion of independence, and those volunteer soldiers who have
served a tour (of duty in the ttfrmy of Texas previous to that time.
For these classes.o"Cclaimants7the;land office shall be'opened and
remain six months in operation, granting and completing titles
alone to thatMescription ofelain1anfs; after, .which, all ether
legal claimants'shall be.entitled to' have their land titles' 'corn- 4
plcted, as is herein provided for and 'directed.
Sec 24. And bz it further cnactld, That every emigrant
who arrives in this rendblicf Wm andafter the first Hv nfXxtn- i
ary next, w$k aTrdeWfiife perlbnihd is'fhe head of aami-!
jjrj uuu ruv aiia.ii ciuiuuuj lwmc "wn.w'' -mm government wims
his family, shall be dutitletfcto'a condiGoBaL stant for twelrftM
hurfdredfahdjightyaerrrof land, by pangithfe fees pf -offic'$f
and for sUr-VeTinp1! 'PhVuYiTOriditinrfs nf teTwranTihll ,toT k.E
. a I t t . r. f- . . T . Q.W "?!
tne grantee snail Remain aTidresidemereaniis'orjherifewilj,
DoiuwnniniEnisrpmvfrnmRnT. 'ann'nn nnn'TiPrAnTvaru hrMir
i..j!i.J AAiLt-'lH.ii.- :!. a .. At rJ
ici uucu-uiiolmht Jiiiiy citizens.' ior a lermor. rwrpf .rxnawtrr
which time andjjgeveral acts, he or she shall lveTandTece
mja case whatever
rated, u? lesWla
factory proven, tjdtall the condition of the grant han.
m lace ano: in gooajaun? been" complied wjth. AJidalK
acres of land, and so soon as they shall marry, they shall reces.
first present them the register of the distric. . fh" rp-"ifree white men,vrho may emigrate to theTcWKirtrjaft?i! ther-j
viMMnAOM W j ih y ..jJ tfvAn.staa J-! n nitmi r.mr .. MiinniHil 91 1 1nC nf InllH QtlH BA -WV n " 4k L . 1 1 . . f T 1 T, -r i iM
puiJuav;, iuiu iuhtuiu ujjiub iu iuc duivcjui gcucicn.
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G.& T.H. Borden. Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 49, Ed. 1, Tuesday, December 27, 1836, newspaper, December 27, 1836; Columbia, Texas. (https://texashistory.unt.edu/ark:/67531/metapth47912/m1/1/?q=%22tex-rev%22: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.