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Duty of thesurveyor gene-ral.
Proviso.
The recorderto issue a certi-ficate of confir-mation for eachclaim confirmedand to receiveone dollartherefor.!
The provi-sions of thisact and the actaforesaid, to ex-tend to the vil-lage of Mine aBurton.
or possession, prior to the twentieth day of December, one thousandeight hundred and three, to proceed, within eighteen months after thepassage of this act, to designate their said lots, by proving, before therecorder of land titles for said state and territory, the fact of such inhabi-tation, cultivation, or possession, and the boundaries and extent of eachclaim, so as to enable the surveyor general to distinguish the private fromthe vacant lots, appertaining to the said towns and villages.
Sec. 2. And be it further enacted, That, immediately after the ex-piration of the said term allowed for proving such facts, it shall be the dutyof the surveyor general, within whose district such lots lie, to proceed,under the instructions of the commissioner of the general land office, tosurvey, designate, and set apart to the said towns and villages, respect-ively, so many of the said vacant town or village lots, out lots, and com-mon field lots, for the support of schools in the said towns and villages,respectively, as the President of the United States shall not, before thattime, have reserved for military purposes, and not exceeding one-twentiethpart of the whole lands included in the general survey of such town, orvillage, according to the provisions of the second section of the above-mentioned act of Congress ; and also, to survey and designate, so soonafter the passage of this act as may be, the commons belonging to thesaid towns and villages, according to their respective claims and con-firmations, under the said act of Congress , where the same has not beenalready done : Provided, That lots relinquished to the United States onaccount of damages done them by the earthquakes, and in lieu of whichlands have been located elsewhere, shall neither be so designated or setapart, nor taken into the estimate of the quantity to which any town orvillage is entitled.
Sec. 3. And be it further enacted, That the recorder shall issue acertificate of confirmation for each claim confirmed, and shall receive forthe services required of him by this act, the sum of one dollar for eachlot so proved to have been inhabited, cultivated, and possessed, to be paidby the respective claimants; and, so soon as the said term shall have ex-pired, he shall furnish the surveyor general with a list of the lots soproved to have been inhabited, cultivated, or possessed, to serve as hisguide in distinguishing them from the vacant lots to be set apart as abovedescribed, and shall transmit a copy of such list to the commissioner ofthe general land office.
Sec. 4. And be it further enacted, That the provisions of this act,and of the aforesaid act of the thirtieth [thirteenth] of June, one thou-sand eight hundred and twelve, be, and the same are hereby extended tothe village of Mine a Burton, and the right of filing their claims with therecorder.
Approved, May 26, 1824.
Statute I.
May 26, 1824 Chap. C.LXXXV .—An Act granting certain lots of ground to the corporation of--- the city of Mobile , and to certain individuals of said city, (a)
All the right Be it enacted by the Senate and House of Representatives of the Unitedand claim of the States of America, in Congress assembled, That all the right and claim
(a) The decisions of the Supreme Court in construction of this act have been: *
A lot of ground was granted by the Spanish government of Florida , in 1802, to Forbes and Companyin the city of Mobile, which was afterwards confirmed by the commissioners of the United States . Thelot granted was eighty feet in front, and three hundred and four feet in depth, bounded on the east byWater street. This, while the Spanish government had possession of the territory, was known as £< awaterlot.” In front of the lot was a lot, which, at the time of the grant of the lot to Forbes and Com-pany, was covered by the water of the bay and river of Mobile , the high tide flowing over it; and itwas separated from Forbes and Company’s lot, by Water street. It was afterwards in part reclaimed byLewis, who had no title to it, and who was afterwards driven off* by one of the firm of Forbes and