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TEX A 8 LAN I) LAW. AN ACT Entitled “ An Ad to reduce into one art and to amend the several arts relating to the es tablishment of a (ieucral Land (hjiee. Sec. 1. lie ‘it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That there shall be, and is hereby established a General) Land Office for tiie Republic of Texas, to be located at the seat of Government, or at such place as may hereafter he designated by law, j the chief officer of which shall be called the Commissioner General of the Land Office.; which said officer shall be appointed by j President, bv and with the advice and con sent of the Senate, shall enter into bond with with three or more securities, payable to thei President or Ins successors in office, in toe penally of fifty thousand dollars, conditioned for the faithful performance of the duties oi his office; said bond and securities to be ap- , proved by the President and Senate, which ■ bond shall be filed in the office of the Secre tary of State, and shall hold his office for the j term of three years. Provided , the provisions ; of this section shall not affect the present in cumbent of that office, except so far as re-’ tates to his living bond and security, anil holding his office for three years from the date of his appointment ; and the said Com missioner of the General Land Office shall receive a salary of three thousand dollars per annum, payable quarterly. Sec. 2. Be it further enacted, That the Commissioner of the General Land Office be, and he is hereby authorised to appoint a chief clerk, which said clerk shall receive a salary of sixteen hundred dollars per annum, and two assistant clerks, who shall receive, as a salary, twelve hundred dollars each per annum, payable quarterly. Sec. 3. Be it further enacted , That the said chief Clerk shall enter into bond with three or more securities, to be approved by the Commissioner of the General Land Office, in the sum of twenty thousand dollars, paya ble to the President or his successors in office,j conditioned for the faithful performance °l the duties of his office, (which bond shall be deposited in the office of the Secretary of State,) who, in case of absence of the Com missioner of the General Land Office, or his inability to attend to the duties thereof, shall perform all the duties appertaining to said office. Sec. 4. Be it further enacted, That all of ficers appointed, or to be appointed, under the provisions of this act, shall, before enter ing upon the duties of their office, take and subscribe the following oath, to wit: “I, A B, do solemnly swear, that l will faithfully discharge the duties of my office, without fa vor or partiality, so help me God which said oath shall be transmitted to, and filed in the office of the Secretary of State. Sec. 5. Be it further enacted, That the Commissioner of the General Land Office shall cause l” h provided a seal of office, which seal shall not be changed except by law; and certified copies of any records, books, or papers, belonging to said office, un der the signature of the'said Commissioner, or Chief Clerk with the seal of office thereun to attached, shall be competent evidence in all cases where the originals could be evi dence. Sec. 6. Be it further enacted , That the Commissioner of the General Land Office be entitled to, and shall keep charge of the seal; and also that he be, and is hereby entitled to, and shall have custody and control of all books, records, papers, and original docu ments, appertaining to the titles of lands, here tofore and by the provisions of the law de nominated archives; and that the said books, records, papers, and original documents shall become and be deemed the books and papers of said office. Sec. 7. Be it further enacted, That all pa tents issuing from the Land Office, shall be in the name of the Republic ol Texas, and under the seal of said office ; shall be signed by the President of the Republic, and coun tersigned by the Commissioner of the Gene ral Land Officer, or by the Chief Clerk thereof. Sec. 9. Be it further enacted , That no per son appointed to an office instituted by this act, or employed in any such office, shall di rectly or indirectly be concerned in the pur chase of any right, title, or interest in any public land, either in his own name, right, or interest for any other person, or in the name or right of any other person, in trust for him self; nor shall take or receive any fee or emolument for negotiating or transacting the business of said office, other than those fees allowed by law. Any person offending in the premises against the prohibitions of this act, shall, on conviction thereof before the Disliict Court, be removed from office, and fined in any sum not less than live hundred dollars, and shall forfeit all the lands lie owns in the Republic, and never after be allowed to hold any office of trust or profit in this Re public. Sec. 9. Be it further enacted , That there shall be elected by joint vote of both Houses of Congress, for each county, a County Sur veyor, who shall reside at the county seat, and whose duty it shall be to receive and ex amine all field notes of surveys, which have been or may hereafter be made in said coun ty, and upon which patents are to he ob tained, and certify the same under his hand to the Commissioner of the General Land Office, after having recorded the same in a book to be kept bv him for that purpose, and shall immediately return the same to the Pre sident of the Board of Land Commissioners for said county. He shall before entering upon the duties of his office, enter into bond with three or more securities, to be approved by the Board of Land Commissioners ol the county, in the sum of ten thousand dollars, payn’.'e to the President or his successors in office, conditioned for the faithful performance of his duties; which said bond shall be re corded in the Clerk’s office of said county, •and the original transmitted to the office o Secretary of Slate; and the said Surveyor shall hold his office lor three years, and be re-eligible. He shall be entitled to charge on ail field notes and plats presented to him for inspection, fir every set of field notes and plat of a league and labor of land, five dollars; for one-third of a league, four dollars; and for every less quantity, three dollars. Hts books shall be open at all times fir inspection, and lie shall be allowed thirty-seven and a half cents for every search. He shall appoint j as many Deputy Surveyois as he may deem necessary for the cotliuV: and shall adminis ter to them the oath of ottn'P, and take the bond hereinafter prescribed, and shall turnis.i them such instructions as may be Jurntsnedj to him from time to time by the Commissi?.--1 ers of the General Land Office; and such! Deputy Surveyor, before he enters upon the duties of his office, shall enter into bond, with j t .vo or more securities, to be approved by the County Surveyor, in die sum of live thou- j san 1 dollars, payable to the President or his’ successors in office, conditioned for the faith ful performance of the duties of his office ; and for such appointment of a Deputy Sur veyor, the County Surveyor shall he allowed to charge and receive, from the person so ap pointed, the sum of live dollars. Sec. Iff. Be it further enacted. That it shall be the duty of each Dep tiv-Surveynr. to administer an oath to each individual em ployed bv him as chain carrier or marker, for the f i UhThf performance of his duties as. such, in accordance with the -instr. cjions given him ; an 1 no African, or Indian, or descoii 1- ant of either, or nnv person u:i !er the age ol sixteen years, shall be employed in either of the ah we capacities ; and further, it shall he the duly of said Surveyors to subscribe the name of each of the chain carriers to Isis ftoj.l r ;*-■? vines re returning the snmo to the , C lunfy Surveyor. He shall also state, to the ! best oi‘ his knowledge and belief, the numbei j of labors of irrigable lands, tire number ol | labors of temporal or arable lands, and the J number of labors of pasture Jonds, in each I survey, lor that class of who are I entitled inland under tfie Constitution and ! colonization laws, which shall be plainly writ j ten out in the field notes, and also inserted in each pa tent; and for all such surveys he shall ! charge and receive three dollars for each i English lineal mile actually run. Sec. 11. Be it further enacted, That there shall be elected bv joint vote of both Houses of Congress, a Commissioner, who shall be ! President of the Board, and two associate j Commissioners, lbr each and every county, I who shall compose and constitute a Board of Commissioners for their respective counties, j lo be styled a “ Board of Land Conimission- I ers,” whose duty it shall he to investigate all i claims on this government for head rights to lands; and they are hereby authorised and required to grant to any person, or persons, a certificate of their claim or claims, upon j such proof being nndc to them, by the party i or parties claiming, ns is herein required, set- j ting forth in said certificate the amount of j land the claimant is entitled to, upon what ; conditions, and the time when lie, she, or they,’ emigrated to this country. The Presidents t of the Boards of Land Commissioners sliail be j receivers of public monies, for their respective counties, and shrill enter into bond with good j and sufficient security, to be approved by the i county Court, or if there he no county Court, | the Board of Land Commissioners, in the sum j of twenty thousand dollars, payable to the President of the Republic of Texas, o* his successors in office, and conditioned for the payment of all sums which may be received by him, on account of the public lands, to the Secretary of the Treasury, for the use of the republic, which bond shall be recorded by the Clerk of the county Court, and the original transmitted to the office of the Secretary of Slate; and for all public monies which he may receive and pay over, he shall be allow ed to charge and receive two per cent. Sec. T 2. Be it further enacted, That every 1 person who shall claim a title to land in this government by viitue of the colonization laws, or by residence in the country at the declaration of independence, shall be required to take and subscribe the following oath : “ 1 do solemnly swear, that I was a resident citizen of Texas at the date of the declaration of independence, that I did not leave the country during the campaign of the spring of 1836, to avoid a participation in the struggle, that I did not refuse to part cipate in the war, and that I did not aid or assist the enemy, that I have not previously received a title to my quantum of land, and that I conceive my self justly entitled, under the constitution and laws, to the quantity of land for which I now apply.” They shall also be required to prove, by two or more good and creditable witnesses, as the Commissioners mav require, that they were actually citizens of Texas at the date of the (leclaration of independence, and have continued so to the present time ; and they shall also be required lo prove, in like manner, whether they were married or single at the time of the declaration of inde pendence, and what amount of land they were entitled to under the law. Provided , widows and orphans shall not be required to take the oath herein prescribed; and all persons claim ing a grant to land of this government by in heritance or by purchase, shall prove, in the same manner as above stated in this act, widows, orphans, or their legal representa tives not excepted, that the person whose es tate they claim.is entitled to a grant to land of this government, by the laws of the coun try, or that the person of whom they pur chased is actually entitled to said grant to lands of this government; and no purchaser of a head right shall be entitled to receive a grant either as assignee, or in the name of the original claimant, unless proof be also made that the person represented as entitled to the grant, is actually a resident of the re public at the time the application for the grant is made ; and aH orders for surveys of head rights procured under the colonization laws previous to the declaration of independence, shall be submitted to the examination of the Land Commissioners, and the holders of the same, whether they be original claimants, their heirs, or assignees, shall be subjected to the same formalities and requisitions in procur ing said head rights as pointed out for other individuals in this law. Sec. 13. Be it further enacted , That any person claiming the benefits of any particular colonization law of Coahuila and Texas, dur ing their existence, fixing the prices to be paid for lands by the colonists, shall prove by at least two respectable witnesses, that lie, or she, were actually residents of Texas during the time said law was in force, which proof so made before said Board of Land Commis sioners, shall entitle the claimant to have his or her land at the price fixed upon by said colonization law, which was in force at the date of said claimant’s emigration to this country. Sec.* Id. Be it further enacted, That there shall also be elected lor the several counties, a Clerk, by joint vote of both Houses of Con gress, who shall keep, in a well bound book to be kept by him for that purpose, a correct account of all the transactions of the Board of Land Commissioners, the name of every per son to whom a certificate shall be given, the amount of land granted to each person, the time of their emigration to the country, and the name or names of the witness or witnes ses, by whom the claimants severally proved their claims; and the said clerk shall at the end of every month, forward to the Commis sioner of the General Land Office, a correct list of the names to whom certificates have been given, the amount of land granted to eacli individual, and the date of the claimants emigration to the country; and the said Com missioner of the General Land Offico shall keep a record of all such returns which may be made to bis office; and the said clerk shall before entering upon the duties of his offico, give a bond with security, to be approved of by the Board of Land Commissioners, in the sum of five thousand dollars, payable to the President or his successors in office, condition ed for the faithful performance of the duties of his office as clerk and register, and the safe keeping of the records thereof. Sec. 15. Be it Uirther enacted, That every certificate which may he issued by authority of this act, shall be signed by the Board of Land Commissioners, and attested bv the clerk, and for every such certificate so issued, the party claimants shall pay the sum of five dollars, one hall of which shall go to the clerk and the otl.er equally divided between the quorum of the Board actually presiding. And it ;•* hereby made the duty of said Board, and I hey arc required to meet at the court houses of their counties on every other Thursday, then aol ih?re to transact the du ties required of them by this ?ct, and shall remain in session so long as may i*. for the transaction of the business before the Board, for which services they shall be enti tled to demand and receive the fees herein lowed, and no more. Provided, that niter the Land Offices shall have been open tlarce months, the said Board shall not he required, to meet onivnn the first Fluirsuay in eacli month, and if that day should fall on a reg ular court week so as to interfere tfi /hen they shall meet on the next Thursday there after. And further ‘providecl T that a majority of said Board shall form a. quorum to trans act the dmies lie rein required of *. iein. - • Sec. TC. B e it further fnactcd,- That the decision of a majority of said Board ot Cmn inissinnors-shail he necessary to entitle any personjott certificate of their claims, but il n majority silt! Boanl shouhl Jpciuc in.it r.*v claimant v. ho p r esents juinseitj or hersel. before them for a certificate, h not entitled to the amount of land which they claim, said claimant may take an appeal from the.r j 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; and lin ail such cases the District Attorney shall represent the interest of the Republic, for which services lie shall be allowed a tax ! fee of ten dollars on every such case, to : tie paid by the appellant, together with all jollier costs of suit, in case fie or she fails to obtain a verdict in his or her lavor. But if the appellant should obtain a verdict for the amount of land which he or she claims, the costs of suit shall he paid by the Republic, I when the Commissioners shall issue a certifi ! cate in accordance with such decision. 1 Sec. 17. Be it further enacted, That any : certificate of claim to land, which lias been or ; may be obtained in the mannerand form herein j prescribed, shall be sufficient evidence to au i thorize any lawful surveyor to survey for any | person holding such certificates, any lands ! which he mav point out agreeably to all the laws which do now or may hereafter exist on j ihat subject. Provided, also, that where more than one application is made for the same tract of land to be surveyed, the settler oroc cupant shall hare the preference if their Iclaims be Otherwise equal. Provided , that no location or improvement made since the Declaration of Independence by persons who i have since that time arrived in the country, shall be regarded when they come in conflict with the claim- of those who were here at the Declaration of Independence. But those in dividuals entitled to the six months preference shall have the right of locating their lands up on any vacant lands of the Rppublic, without regard to any improvements made bv indivi duals 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 disinter ested -Turcrs summoned for that purpose, and upon their decision the surveyor shall grant to the successful party the field notes of the tract of land, giving in all cases the prefer ence to the oldest occupant and settler. Pro vided, in all cases, that the claimant shall ap 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 assgnor lived at the time of making such transfer. Sf.c. IS. Beit further enacted, That when two or more persons cannot agree lo a divi sion line of any land which has never been surveyed agreeably to law, it shall be lawful for either party to apply to any justice of the county or territory in which the land lies, or if there be no Justice of the Peace in the county or territory, then to the nearest Jus tice 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.) con cerning a division line, and the said Justice shall issue a warrant to any lawful officer to summons the parties defendant, together with six disinterested jurors, to meet upon the premises in dispute together with such wit nesses as either party may choose to have summoned, to give evidence on a certain day, naming at what time and place. The Jus tice shall also meet the parties, examine all testimony before the jury, who shall, on oath, hear and determine the case in dispute, and shall also determine who shall pay the cost o. suit. Each juror in such case shall be allow ed two dollars per day for such services; the other officers, such fees as have been already established by law for other similar services. Provided, that if the land in dispute should be on a county line, it shall be lawful for a Jus tice of either county, in which part of the land may be, to act in such case; and in case either party be dissatisfied with the de cision, he or she shall have the right to ap peal to the District Court within ten days, upon giving security for the costs. Sec. 19. Be it further enacted, That it shall be the duty of the Surveyor in all cases, before he runs a division line between two settlers claiming lands, to notify the party or parties interested, before running ihesame, in writing. And any survey which may be made contrary to the true intent and mean ing of this section of this act, shall not he a lawful one, and the field notes of every sur vey 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 Sur veyor, who shall swear it was executed ac cording to laW, and shall also swear the same was made prior Id fbc closing of the land office by the consultation, or to the opening of the same by this acl, 3h*. 11 made prior to the closing of the land offices by the consultation, the same shall also he proven by at least two respectable witnesses. Sec. 20. Be it further enacted , That the Commissioner of the General Land Office is hereby authorized to grant to ail 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 to 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, Ihat he is entitled to the quantity of land surveyed, and making such proof to them as is required by law, and upon his paying the several fees as the laws require. Sec. 21. Be it further enacted, That all lands surveyed for individuals lying on navi gable water courses, shall front one half of the square on the water course, and the line running at right angles with the general course of the stream, if circumstances of lines previously surveyed under the laws will per mit, and all others not on navigable water courses shall be square if previous lines will permit; 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 sev enteen, who has volunteered in the service of bis country, and who has received an honor able discharge, shall be entitled to the same quantity of” land, as a head right, that he would be if liC were twenty-one years of age, and upon the same conditions. Sec 23. Be it further enacted, That all single men who were in the Republic at the date of the Declaration of Independance, and entitled under the Constitution to one-third of a league of land, and who have since married, or may within the next twelve months, shall be entitled to the additional quantity of two thirds of a league and a labor of land. Pro vided, that the benefits of this section shall only extend to those who have contributed to the support and defence of the country : And provided, this additional quantity shall not he allowed to any whose wife has re ceived a league of land of this government. Sec. 24. Be it further enacted, That whereas many persons have received titles under the colonization laws, as colonists, from the different commissioners of the Country, and whereas many conditions were by the law attached to such titles, that all such con ditions be, and they are hereby, cancelled, and the titles to all such lands are hereby rat ified and confirmed.- Provided, that such persons shail pav, or cause to be paid, to fine President of the Board of Land Commission ers of ihe county where such l ar| d rna . v be situated, within six months after ihe opening of the Land Office, all money which may be due or owing on the same: Provided , that lift: condition of remaining in the country, and the provision prohibiting the sale to aliens, shail not be repealed by this law. Aid fur ther provide l, po title by tips act shall be confirmed which was illegal’or invalid no initio. And further provided, that this act shall not extend lo any grantee or individual for a greater amount of land than one league and one labor. Sec. 25. Be it further provided, That no person shall, by virtue of an improvement, have 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 extend to any person or persons who have previously received a title to the quantum of land to which they were entitled, nor to anv person or jiersous entitled to a grant of land by purchase. Sec. 26. Be it further enacted , ’I hat it is hereby declared, that all empresarios’ con tracts having ceased on the day of the De claration of Independence, all the vacant lands of Texas are the property of this Re public, 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 author ized to institute a suit against the Presidentof the Republic of Texas, which suit or suits shall be tried in the county in which is situa ted the seat of government, and shall be tried as all other land suits are required to be tried. • And should anv empresario, who should thus ! sue,fail to establish the claim for which he sues, | he shall pay all the costs of said suit. Pro- [ vided, that neither aliens nor the assignees of \ aliens shall be entitled to the benefits of this I act. Sec. 28. Be it further enacted, That it shall be the duty pi the Attorney General to attend to all such suits, in behalf of the Re public of Texas, and the President is here by authorized to employ such additional coun sel as in his opinion he may deem proper; the expenses of which shall not exceed one thousand dollars in each case. Sec. 29. Bt it further enacted, That every volunteer who arrived in this Republic after the 2nd day of March, 1836, and before the Ist of August, 1836, and has received or may hereafter receive an honorable discharge and taken the oath prescribed by the constitution, or who may have died, shall receive the quan tity of land by this act secured to original colonists. Provided, that the priority of lo cation mentioned in the thirty-eighth section of this act shall be adhered to; and further provided, tint none but the person who served, or h's heirs, shall be entitled to the benefit of this provision, and all augmenta tion shall accrue to the original claimant, and not to the person to whom it may have been transfered ; provided, no person who is enti tled to the benefit of the first part of this sec tion of this act, shall he entitled to the bene fits of the lalter part of the same ; and ev ery person who has arrived in the Republic since the Declaration of Independence, and previous to the Ist of October, 1837, who is a free white person, and the head of a family, and who actually resides within the govern ment with his family, shall be entitled to an additional grsnt of twelve hundred and eigh ty acres of land by paying the fees of office and of surveying. The conditions of said grant shall he that both grantee and his or her family shall remain and reside within this Republic, a nil do and perform all the duties required of other such citizens, 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 satis factorily 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 Declaration of Independence, and previous to the Ist of October, 1837. shall be entitled to six hundred and fiirtv acres of land, and if they married before the Ist day of October, 1837, they shall he eniifled 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 meaning and pr ivisions of* this section are hereby re pealed. Sec. 30. Be it further enacted, That all officers and soldiers who engaged in the ser vice of Texas previous to the Ist of March, 1837, whose families are now here or may arrive within twelve months from the date of their discharge, shall be entitied to the same quantity of land as they would have been entitled to, if their families had emigrated with them to the country. Sec 31. Be it further enacted, That the Board of Land Commissioners are hereby au thorized to grant to persons claiming land of this government, under the 29th section of this act, a certificate of their claims, upon the same proof being made to them as required of other claimants, stating in said certificate the amount of land to which the claimant is >iotv entitled; at what time he or she ar rived in tin'o -r bHc - , t Sec. 3-2. Be it funk': enacted, That the Commissioner of the General Land shall, when required by the President of the Republic, or either House of Congress, make a plot of any land surveyed under the au thority of the government, and give such in formation respecting the public lands and con cerning the business of his office as shall be legally required# Sec. 33. Be it further enacted , That the Commissioner of the General Land Office shall be, and be is hereby authorized to ap point a translator, who shall undergo an ex amination its to his qualifications, and shall understand the Castillian and English lan guages, and shall, before he enters upon the duties of his office, take and subscribe the oath of office herein prescribed, shall give | bond, with two or more good and sufficient securities, in the sum of ten thousand dollars, to be approved of by the Secretary of State, and shall he payable to the President or his successors in office conditioned for the faithful performance of his duties, and the said trans lator shall hold his office for the term of three years, and shall be allowed a salary of two thousand dollars per annum payable quar terly. Sec. 34. Be it further enacted, That it shall be the duty of said translator, to trans late into the English language, and record in a book to be kept by him for that purpose all the laws and puhlic contracts relative to the titles of land which are written in the Cas tillian language, and also to translate and re cord in like manner, all original letters which are written in the Castillian language, which may he on file in the office of the commission er of the General Land Office. Sec. 35. Beit further enacted, That should a vacancy occur during the recess of Con gress, 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 notify such vacancy to the Commissioner of the General Land’ Office, forthwith, and to recommend some person suitably qualified to fill such vacancy, where upon it shall be the duty of the Commission er of the General Land Office to fill said va cancy by an appointment, and report the same to the Congress immediately on its next session, which officer shall continue to perform the duties of the office to which he is appoint ed. agreeably to the provisions of this act until his successor is duly qualified. Sec. 3{5. Be it further erected. That so soon ns the certified copy of the field notes and plot of 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 hy law as the price of such land he paid, the President of the Board of I Land Commissioners shall endorse a receipt j for such payment on the back of said field notes for which lie shall give duplicate receipts and transmit the field notes to the Commis sioner 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 Commissioners, 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 is entitled to it, or some one authorized by him to receive the same, taking a receipt therefor; and the said paten tees in all cases shall pay, as government fees, the prices fixed by die colonization laws of Coahuiia and Texas in force at the time they emigrated to this country. And if they em igrated subsequently to the 2d day of May, 1835, and previous to the declaration of inde pendence, they shall be required to pay the amount fixed bv a law passed by the Congress of the State of Coahuiia and Texas on the above date. Sec. 37. Be it further enacted, That the President of the Republic of Texas, be, and he is hereby authorized to contract, for the surveying, and cause to be surveyed, at the expense of this government, a sufficient quan tity of land to satsfv the holders of all land scrip that may have been issued and sold bv this government, agraeably to the law in all respects. And the Secretary of the Treasu ry is hereby authorized to pay out of anv money in the Treasury not otherwise appro priated, the expenses which may accrue in completing such surveys. Provided , it shall not exceed three dollars for each English lin eal mile actually run. Sec. 38. Be itfbrther enacted, That when two or more locations have heretofore been made on, and titles granted for the same piece of land, or where the boundaries of different titled surveys conflict with each other, the party who has his title or order of survey of subsequent date, may on proper showing of all the facts, and the certificate of a legal surveyor to the board of Land Commission ers of the county in which the land lies, have his former title cancelled by said board and a new order issued for his quantum of land or so much thereof as shall be affected by the conflicting lines or boundaries mentioned in this section. Sec. 39. Be it further enacted, That the several Land Offices contemplated and estab lished bv this act, shall commence arid go into operation on the first Thursday in February next.— Provided . however, that the opera tions of the Land Office in the county of Red River, shall not extend to any portion of the territory near the supposed boundary line be tween this and the United States government of the north, and provided, also, that should anv person obtain a certificate for land from said Board of Land Commissioners for the county of Red Biver, who at the date of the passage of this act shall reside east of the boundary line hereafter to be run between Texas and the United States, said certificate shall be void, and their operations shall he confined to the granting and completing cf of Land Titles to all those who by the exist ing and previous laws, have acquired a pre ference in the first location. Os this dass are all citizens who were residing in Texas on the day of the declaration of Independence, and those volunteer soldiers who served a four of duty in the army of Texas previous to that time. For this class of claimants Ihe Land Office shall he opened and remain six months in operation, granting and completing titles alone to that class of claimants. After which other legal claimants shall he entitled to have their Land Titles completed, as herein provi ded and directed. And Ihe several Boards ol Land Commissioners shall be permitted and allowed to commence receiving applica tions for lands, and bearing testimony, on the first Thursday in January next, and in case the country shall be invaded to an extent inducing the President to cat! out at least one third of the militia for its defence, the Com missioner of the General Land Office shall have power close the Land Offices by pro clamation, until such invasion has terminated, and all laws heretofore enacted on the subject of public lands, shall be, and they are hereby repealed. Sec. 4ft Be {(further enacted, That each county in the Republic shall be considered and constitute a section, and that each county surveyor be required, as soon as practicable, to make out and procure a map of each coun ty on which plats of all the deeded lands in the sand county shall he made, 60 as to make a fair showing of the same, for which he shall receive compensation by special appropria tion hereafter to he made for that purpose. Sec. 41. Be it further enacted, That audited claims against the Republic of Texas, shall he receivable in payment of public dues on lands: Provided, the benefits of this section shall not extend to any one individual for a larger quantity of land than two leagues and two labors; and any one offering to pay for lands in audited paper on the government, shall swear that he has not paid for as much as lea ‘"lies ?nd two labors in sucli paper be fore, either by m.rlCeu of his agent, which affidavit shall be filed with the the Board of Land Commissioners. i Sec. 42. Be it further enacted , Thar all streams of the average width of thirty feet, shall be considered navigable streams within the meaning of this act, so far up as they re-! tain 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 oflhe House of Rep resentatives, Dec. 14. 1837. 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. The news of the capture of the Indians by Gen. Jesup is confirmed, verbally, by an ex press which arrived here yesterday from Black Creek. Information had been received j there, officially, it is stated that the Indians encamped in the vicinity of Fort Jupiter had been captured; and with others, to the amount of six or seven hundred, sent to Tampa Bay. We have also heard the same report from Tampa. Thus far is encouraging : but the same express brings information to the Go vernor, that the Indians are in Alachua coun ty in considerable numbers, and have com mitted numerous depredations and murders. The inhabitants have principally abandoned] their homes, and retired to fortified posts,! most of them to Newnans"ille, where they re- ; main without any supplies. Gen. Eustis, the ; letter states, has refused to receive them into , the service of the U. States, or to grant them . supplies, conceiving their services unnecessary. Such a state of affairs is truly deplorable. Floridian, \ More Indians.—On Saturday last about 12 o’clock, two of the troops from Camp Wacissa.on their return from St. Marks, were fired upon bv the Indians on the Monticellu road about five miles from Magnolia.-- 1 he Indians hailed them in the rear, which indu ced them to stop, and fired on them in this situation. One of the men was vininjured-- the other was struck hv a hall which passed through his ear, and slightly grazed Ins neck. His horse was shot in the bind legs, the bail lodging in the skin, which was cut out and shown to us. It bad been manufactured with • a hammer, and no doubt an Indian ball. Fiorumn. U. S. Bank Stock has fallen in New York as low as 108 to 109. SENTINEL & HERALD. COLUMBUS, APRIL 26, 1838. TO OUR PATRONS. The great trouble ar.d expense attendant upon the effort to collect out-standing debts due this office, has induced us to adopt the following rules, from which we shall in no case deviat *: 1. From and after this day, no subscrip tions will be received out of the city, unless paid in advance or a city reference given, unless the name he forwarded by an agent. 2. Subscribers residing out of the State, will find their accounts enclosed in this day’s paper; and are hereby notified, that if they fail to remit Ihe money by the first of July, their names will be stricken from our sub scription list. 3. From and after this day,- all persons living out of the city, excepf Sheriffs, Clerks of Courts, and Post Masters, sending adver tisements for insertion in this paper, must re fer to some person living in the city, who will become responsible for the amount, or such advertisements will not be published. CONCERT. To-morrow evening, at the saloon of the Oglethorpe House, will be given a concert ol’ vocal and instrumental music, by Mr. Demp ster, who has been charming the citizens of the West for several months past, and who was admitted, when in New York, second only to Russell as a ballad singer. Shake off the cares of life for an hour to-morrow, and listen to that inimitable song, “ Some love to roam o’er the dark sea foam,” or that morceau of sweetness, “ I’ll remember thee,” beside nu merous other delightful pieces, which to hear sung, as we are told Mr. D. sings them, will furnish truly a treat rich and rare. The races over “The Western Course,” which were advertised for the Sth of May, we are informed, have been postponed to the regular races next fall. We are sorry, for we had intended to have bet a quarter and a thrip, that being as high as a gentleman is authorized to go in these days of “ O yes !” and “ Come into Court.” Col. S. R. Bonner is preparing, at much labor and expense, anew race course, to he call “The Crowell Course,” about three miles from town, of which we will give a description when it is finished. U. S. TROOPS. We learn that the U. S. troops who have been ordered from Florida, will pass through this place, on their way to the Cherokee country, about the 10th of May next. Large quantities of provisions and ammunition will also he forwarded by the same route. The Pay Master, Maj. Heinzelinnn, requests us to state, that on or before the middle of May, he will purchase or hire from-six-ty to an hundred wagons and teams. Here is another chance for ou* citizens to make a grab at Uncle Sam’s crib. Speaking of wagons and teams employed in the public service, an officer of the army told us the oilier day, that in connexion with the Florida service, he bntl csaioincd an ac count against government, in which a wagon and six, horses were valued at twenty-five hundred dollars, ami the average value of a regiment of horses, was set down at two hun dred dollars a head! It was our misfortune to see the horses last named, and forty dollars in suspension notes was the highest we would have given for the best nag in the crowd,- INTERESTING TRIAL. The Court House was crowded last. Thursday and Friday to witness the trial of Joseph Shultz, who stood indicted for the murder of his brother-iir-Jaw. The evidence was very strong against Shultz, and the case was viewed as exceetfin<gly critical. Shultz was a poor man, but through the interven tion of his friends he was provided with nu merous counsel embracing the best talents of the State. The Slate was ably represented by Solicitor Benning, assisted by Judge Thomas and Milton Williams, Esq. of Tab botton. In the various arguments before the Court and Jury we enjoyed a fine display of forensick debate, and of the powers of oratory and elocution. 0” the part of the prosecu tion we listened to the graVC, close, and well j connected reasoning of the Solicitor—the met aphysical acumen of Thomas—and the al luring oratory and sparkling eloquence of young Williams. The defence was powerful ly sustained in the lucid and logical argument of Holt—the powerful analysis of testimony by Campbell—and in the unique and thunder ing eloquence of Colquitt. The Jury render ed a verdict of voluntary manslaughter, and the Court sentenced Shultz to four years con finement in the Penitentiary. “ So jogs the world, a checkered scene.” NEWS PER EXPRESS. The slips front New York of the 19th inst. are quite bare of news; the only item of im portance is the following, which we find in the slip from the Evening Herald : “ From Al- ; banv the news is important. The post note j j bill is defeated —so probably will be the bill to i authorize the loans of state stock to the 1 banks.” This we regret to learn—we were hoping to see the banks sustained in their re sumption by the Government not only, but also by the Legislature of New York. Os one thing we are quite sure, that the wheels of Commerce, now standing still, will never again move until there is a general resump ! tion of specie payments by the banks. In perusing the “London Banking Circular,” ’ of the lGth of March, we were forcibly struck ! with the following remarkable passage; “We . have always considered the Bank question to : be the pivot on which the porpmerce of tlie ] United States would turn, and so long as that J should remain in an uncertain and precarious! condition, all expectation of a sudden revival j of business appeared to us salacious and de lusive.” This is an important truth, and one which seems to be almost entirely overlooked. Let the Banks resume, and commerce pnd trade will, as a natural cor sequence, revive. We have good authority for saying that the New York banks will resume about the first of May, and that they will be sustained by the general government. t LOOK OTTT FOR BREAKERS. ] People who take the bills of the old United States Bank, had better beware—“a stitch in time saves nine,” roc; law: The Ordlnnnoe introduced into Council last week by Alderman Chipiev was a good one, and we were really in hojies that it would have been carried out and executed to the letter— but we understand a counter law has been passed allowing every family to have and keep as many as ten hogs! horrible! What an appendage to a family residence—what de licious music—what heavenly serenades— what splendid grunting such families wilt have! For once the old bachelor’s condition will be found desirable ; having no family, he can keep clear of these bristling attendants, and the swarms of varmint which they tote wherever they go. To be serious, hogs run ning at large in the streets are a most griev ous nuisance, and should be expunged —draw black lines around them—shut them out —or rather take them upas nuisances—apprehend them—pen them—and as Dr. Chiplev’s Ordi nance required, sell them at public outcry af ter due notice to the owners. The streets are full of hogs f tliey are in ihe way of car nages, and accidents not on frequently happen by horses stumbling over hogs—they root up the streets and sidewalks and deface and destroy the beauty which would otherwise adorn our streets—they scatter millions of: fleas in every direction —in fine, they ,a re as miserable, dirty, filthy, outrageous nuisance,, of which it is the duty of the Council to clear the city; and we beseech the Mayor and Al dermen to re-consider the subject—pass the Ordinance in question—let it become a law;: or, if this is not done, the old petition systems must he tried again, in which case, we pre sume the will of the people will be obeyed. One of the soldiers of Gen. Nelson’s brigade died in Girard a day or two since, of severe inflammation of the bowels, under which he had been laboring several days before his arrival; his name was W. Winters, of Ma rietta, Cobh county. There are also five others sick at the same place, and it affo ds u much pleasure to state that tliey have been comfortably provided for, and the attentive services of l)r. Barron employed, in affording them medical aid. Their names are, Wm. C.. O’Neal, Geo. Taylor, H. Witzell, J. Twiggs, and J. IL Andrews. BRANDRETH. This celebrated person passed through our city on Friday last—celebrated from his the ory and practice of medicine, which has so much arrested the attention of the public in this country, and whose pills have, in numer ous instances, worked wonderful cures. If vve wanted proofs of the efficacy of his pills we should most certainly point to his per soml appearance. Owing to llte urgency of his business, which hastened him from our city, wc regret that we had not the pleasure of an introduction to Dr. Brandreth, as we are informed from good authority, as well as convinced from some specimens of his writings which have come under our obser vation, that his literary attainments are neith er few nor small, and that in vulgar parlance, he is a “ splendid fellow.” v Dr. 8., we understand, has been-*• resi dent of the United*- Stales for the last-three years, but this visit is his first through the Smidicrn States. lie arrived here from the Western country, via New Orleans, Mobile, Montgomery, and expressed himself highly pleased with Southern people, manners, cus toms, and institutions.- His celebrated pilU are for sale at the store of Mr.- John lL Pea body, in our city. We have never as yet. given them a trial, hut’ the first time wc feel ourselves unhinged, we intend to swallow a box, more or less.- However, if the Dhctor should ever pass through Columbus again without calling on us, we shill certainly buy up a quantity of his pills- and label them spurious* For the Sentinel and Herald,- SKETCHES, AD LIBITUM. BV HORATIO WALDO, ESQ. Spring. —Sweet Spring, with her garlands* of flowers, her joyous laugh, her sunny coun tenance, oft sprinkled w'rth tears?, bath <jor/Je bounding away from the cold’ embrace off winter, to- scatter wildly and profusely over the earth her sweetness and beauty: fascina-- ting ant) voluptuous to 9he senses, from ear fin est recollection, 1 remember Ur have beheld 1 her at no period more bewitcb'mgVy bright’ and beautiful than the present. How engi ning her air! how bland and silvery her voice! how exquisitely breathed the opening cadence of her song! How winning her smiles! how refreshing her tears! how rich the perfume of her breath! The wind of a> winter’s night has moaned around my dwel ling, filling the mind with pleasing, painfull melancholy; and I have drawn closer tha garment which covered me, and caused thtr ; fire to burn more cheerfully, and found it* sweet at such an hour to explore the records of history, to dash over the pages of a thrilling: romance, or feast on the richness and beauty of poetic genius : but when Spring hath come, and poured upon my brow the pure, gushing stream of her balmy breath, chanted her sweetest song, and “arrayed herself in her most beautiful garments,” then there is a for jgetfulness of the music whioh sighs fp thp storms of winter, and nature, leaping with the joy of re-animation, rapturously em.hrapes flie delicious enjoyments of this virgin season.. There’s a charm in Spring, \\heQ ev*ry thing Is bursting frorn the ground— AVhen pleasant showers bring fin In the KwvAfQ And all is life around.” How delightful a country residence, at this season of the year. Go with me to gome sweet sequestered spot, far remote from the noise and bustle of the city, anfi let 0$ there remain for a Jit fie season. All nature is robed in beauty and freshness; the earth is. yielding her aifi to the comfort and delight of her inhabitants; vegetation is putting forth with promise of perfection and plenty; and flowers are every where springing an! bloom ing, the heautiful harbingers of coming joy, The lark rises wi\h the rosy morn, at\d sweetly warbling at your window, welcomes your entrance upon anew day, The calm and quiet of the oountiy are conducive to mental happiness. The mind ever active, and specially so in the midst of the stir anfi bustle of a city life, is greatly improved by relaxation and repose ; let it he unstrung ; relieve it from that extreme tension to which it has been wrought by close and severe’ application; give it free scope amid the wiki and fragrant beauties of nature, and it will run pure and limpid as the mountain stream, land bathe itself in sweet forgetfulness of p?st