3, 1805; section 6,

within the same, with the exception also of an entire township in each of the three above-described tracts of country or districts, to be located by the Secretary of the Treasury, for the use of a seminary of learning, and with the exception also of the salt springs and lands reserved for the use of the same, as hereinafter directed, be offered for sale to the highest bidder, under the direction of the surveyor general, or Governor of the Indiana Territory,* of the register of the land see act of March office, and of the receiver of public moneys, at the places, chap. 76. respectively, where the land offices are kept, and on such day or days as shall, by a public proclamation of the President of the United States, be designated for that purpose. The sales shall remain open, at each place, for three weeks, The sales to remain open for three and no longer :† the lands shall not be sold for less than two weeks, &c. dollars an acre, and shall, in every other respect, be sold in tSee sect. 7, chap. tracts of the same size, and on the same terms and conditions, as have been or may be by law provided for the lands sold north of the river Ohio, and above the mouth of Kentucky river. All lands, other than the reserved sections, and those All lands, other excepted as above mentioned, remaining unsold at the clo- tions, &c. remainsing of the public sales, may be disposed of at private sale, may be disposed of by the registers of the respective land offices, in the same at private sale, &c. manner, under the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the lands of the United States north of the river Ohio, and above the mouth of Kentucky river. And patents shall be obtained for all lands granted or sold in the Indiana Territory, in the same manner, and on the same terms, as is or may be provided by law for lands sold in the State of Ohio and in the Mississippi Territory.

93.

than reserved sec

ing unsold, &c.

ers, creeks, &c.

re

main high

Salt springs, &c.

containing salt

chases, considered

null.

and

SEC. 6. And be it further enacted, That all the navigable All navigable riv rivers, creeks, and waters, within the Indiana Territory, within the Indiana shall be deemed to be and remain public highways; and the Terriblich several salt springs in the said Territory, together with as ways. many contiguous sections to each as shall be deemed neces- reserved for future sary by the President of the United States, shall be reserved disposal, &c. for the future disposal of the United States: And any grant Grants for tracts which may hereafter be made for a tract of land, containing springs discovered a salt spring which had been discovered previous to the previous to pur purchase of such tract from the United States, shall be con- fraudulent sidered as fraudulent and null. SEC. 7. And be it further enacted, That the several pro- The provisions of visions made in favor of persons who have contracted for continued until lands with John Cleves Symmes and his associates, by an act entitled "An act to extend and continue in force the provisions of an act entitled 'An act giving a right of preemption to certain persons who have contracted with John Cleves Symmes or his associates, for lands lying between the Miami rivers, in the Territory northwest of the Ohio, and for other purposes,'" shall be, and the same are hereby, Ante, chap. 60. continued in force until the first day of June next: Provided, That the register of the land office and receiver of public

the act mentioned the 1st June, 1804.

ter and receiver at

form the duties,

to.

Proviso; no cer

be granted, except, &c.

certificates of pre

until 1st Jan. 1806,

payment of the

Proviso; the regis moneys at Cincinnati shall perform the same duties, exerCincinnati to per- cise the same powers, and enjoy the same emoluments, which, &c. enjoined on by the last-recited act, were enjoined on or vested in the the commissioners commissioners designated by the said act: And provided, also, That no certificate for a right of pre-emption shall be tificate for a right granted, except in favor of persons who had, before the first of pre-emption to day of January, one thousand eight hundred, made contracts in writing with John Cleves Symmes, or with any of his associates, and who had made to him or them any payment or payments of money for the purchase of such lands; nor unless at least one twentieth part of the purchase-money of the land claimed shall have previously been paid to the receiver of public moneys, or shall be paid prior to the first Persons obtaining day of January next. And every person who shall obtain a emption, allowed certificate of pre-emption shall be allowed until the first day to complete the of January, one thousand eight hundred and six, to complete first instalment. the payment of his first instalment: And provided, also, Proviso; where, in That where any person or persons shall, in virtue of a conwith John Cleves tract entered into with John Cleves Symmes, have entered Symmes, persons and made improvements on any section or half section, prior provements on any to the first day of April last, (having conformed with all the by the running of foregoing provisions in this section,) which improvements, ly, &c. have fallen by the running of the lines subsequently thereto, shall have af fallen within any section or half section other than the one such section, &c. purchased as aforesaid, and other than section number sixto be granted, &c. teen, such section or half section shall, in that case, be grantnumber of acres, ed to the person or persons who shall have so entered, improved, and cultivated the same, on payment of the purchasemoney, agreeably to the provisions made by law for lands sold at private sale; but nothing herein contained shall be construed to give to any such person or persons a greater number of acres than he or they had contracted for with John Cleves Symmes, as aforesaid. (1)

virtue of contracts

have made im

section, &c. which,

lines subsequent

within any other section or section, except,&c.

but not a greater

&c.

Persons who have obtained certifi

pre-emption for

two Miami rivers,

Cleves Symmes,

SEC. 8. And be it further enacted, That every person who cates of a right of may have heretofore obtained from the commissioners a cerlands between the tificate of a right of pre-emption for lands lying between the on account of con- two Miami rivers, on account of contracts with or purchase tracts with John from John Cleves Symmes or his associates, and who has and have paid paid his first instalment; and every person who may obtain ments, permitted a similar certificate by virtue of the preceding section, and &c. in six annual shall, on or before the first day of January, one thousand eight equal payments. hundred and six, pay his first instalment, be permitted to pay the residue of the purchase-money in six annual equal pay

their first instal

to pay the residue,

Fractional sections of the public land

ments.

SEC. 9. And be it further enacted, That fractional sections may, &c. be either of the public lands of the United States, either north of the sold singly or two or more together, river Ohio or south of the State of Tennessee, shall, under the directions of the Secretary of the Treasury, be either sold singly or by uniting two or more together, any act to the contrary notwithstanding: Provided. That no fractional

&c.

(1) See Part II, Nos. 15, 42, 56, 57, 58, 60, 64, 72, 77, 88.

tional sections to

sections shall be sold in that manner until after they shall Proviso; no frachave been offered for sale to the highest bidder, in the inan- be sold in that ner hereinafter directed.

manner until, &c.

lands, after, &c.

or quarter

sec

SEC. 10. And be it further enacted, That all the public All the the public lands of the United States, the sale of which is authorized by may be purchased, law, may, after they shall have been offered for sale to the &c. in entire, half, highest bidder in quarter sections, as hereinafter directed, tions, &c. be purchased, at the option of the purchaser, either in entire sections, in half sections, or in quarter sections; in which two last cases the sections shall be divided into half sections by lines running due north and south, and the half sections shall be divided into quarter sections by lines running due east and west.* And in every instance in which a subdivi- *Repealed. sion of the lands of the United States, as surveyed in con- 1805, sect. 3, chap. formity with law, shall be necessary to ascertain the bound- Where a subdiviaries or true contents of the tract purchased, the same shall sion is necessary, be done at the expense of the purchaser.

See

act of 11th Feb.

72.

to ascertain the boundaries, &c. it

expense of the

SEC. 11. And be it further enucted, That no interest shall is to be done at the be charged on any instalment which may hereafter become purchaser. due, in payment for any of the public lands of the United No interest to be States, wherever situated, and which have been sold in pur- may hereafter, be

charged on any instalment which

ments to be paid

&c.

of purchase, on

suance of the act entitled "An act to amend the act entitled come due, &c. 'An act providing for the sale of the lands of the United States in the Territory northwest of the Ohio, and above the mouth of Kentucky river," "+ or which may hereafter be sold by tante, chap. 54. virtue of that or of any other act of Congress: Provided, Proviso; the instal That such instalments shall be paid on the day on which the on the day due, same shall become due; but the interest shall be charged Interest to be char. and demanded in conformity with the provisions heretofore ged from the date in force, from the date of the purchase, on each instalment each instalment which shall not be paid on the day on which the same shall not paid on the become due: Provided, however, That on the instalments Proviso; interest which are or may become due before the first day of October not to be charged next, interest shall not be charged, except from the time they before the 1st of became due until paid; but in failure to pay the said instal- cept, &c. ments on the said first day of October, interest shall be charged thereon, in conformity with the provisions heretofore in force, from the date of the purchase.

day.

on instalments due

October, 1804; ex

tofore reserved,

sections, &c. and

&c. to be offered

the

SEC. 12. And be it further enacted, That the sections The sections herewhich have been heretofore reserved, and are by this act and directed to be directed to be sold; also, the fractional sections, classed as sold, the fractional is by the ninth section of this act directed, and all the other all the other lands, lands of the United States north of the Ohio and above the for sale in quarter sections, to mouth of Kentucky river, shall be offered for sale in quarter highest bidder, &c. sections, to the highest bidder, under the directions of the at the places and register of the land office and of the receiver of public ignated. moneys, at the places, respectively, where the land offices are kept, that is to say: the lands in the district of Chilicothe, on the first Monday of May; the lands in the district of Marietta, on the second Monday of May; the lands in the district of Zanesville, on the third Monday of May; the lands in the district of Steubenville, on the second Monday of

main open three

not to be sold for

per acre, &c.

lic lands, &c. to be

&c. in quarter sections.

and

June; and the lands in the district of Cincinnati, on the first The sales to re- Monday of September. The sales shall remain open at each weeks; the lands place, no longer than three weeks; the lands which may be thus less than 2 dollars sold shall not be sold for less than two dollars per acre, shall, in every other respect, be sold on the same terms and conditions as is provided for the sale of lands sold at private All the other pub- sale. And all the other public lands of the United States, either offered for sale, north of the Ohio or south of the State of Tennessee, which are directed to be sold at public sale, shall be offered for sale to the highest bidder in quarter sections: Provided, however, Proviso; section That section number twenty-six of the third township of the ed to Joseph Van- second fractional range, within the grant made by the United States to John Cleves Symmes, on which is erected a mill dam, is hereby granted to Joseph Vanhorne, the proprietor of the said dam; and, also, that section number twenty-nine, of the second township of the fourth entire range, be granted Section No. 29 to James Sutton; and, also, that section number twenty-one, granted to James of the ninth township of the twenty-first range, be granted Section No. 21, &c. to Christian Van Gundy, on their payment of the purchaseLian Van Gundy, money, agreeably to the provisions made by law for lands sold at private sale.

No. 26, &c. granthorne, &c.

Sutton.

granted to Chris

&c.

When the public

surveyed, &c. they

by the Secretary of

surveying districts,

general, &c. to ap

each, &c.

to take an oath,

mark such lines as

&c.

eral to furnish each

of the plat of town

SEC. 13. And be it further enacted, That whenever any lands have been of the public lands shall have been surveyed in the manner are to be divided directed by law, they shall be divided by the Secretary of the Treasury into the Treasury into convenient surveying districts; and a and the surveyor deputy surveyor shall, with the approbation of the said Secpoint a deputy for retary, be appointed by the surveyor general for each district, who shall take an oath or affirmation truly and faithfully Deputy surveyors to perform the duties of his office; and whose duty it shall and to run and be to run and mark such lines as may be necessary for submay be necessary, dividing the lands, surveyed as aforesaid, into sections, half sections, or quarter sections, as the case may be; to ascertain the true contents of such subdivisions; and to record, in a book to be kept for that purpose, the surveys thus made. The surveyor gen. The surveyor general shall furnish each deputy surveyor deputy with a copy with a copy of the plat of the townships and fractional parts ships, &c. in his of townships contained in his district, describing the subdidistrict, &c. visions thereof, and the marks of the corners. Each deputy ceive from the pur- surveyor shall be entitled to receive from the purchaser of rate of 3 dollars for any tract of land, of which a line or lines shall have been run every mile survey and marked by him, at the rate of three dollars for every mile thus surveyed and marked, before he shall deliver to him a copy of the plat of such tract, stating its contents. The The fees payable fees payable by virtue of former laws for surveying expenses laws to be no long shall, after the first day of July next, be no longer demandaNo final certificate ble from, and paid by, the purchasers. And no final certifito be given by the cate shall thereafter be given by the register of any land the purchaser lodg- office to the purchaser of any tract of land, all the lines of which shall not have been run, and the contents ascertained, by the surveyor general or his assistants, unless such purchaser shall lodge with the said register a plat of such tract, certified by the district surveyor.*

ters and receivers, 1st of

ceive in addition,

cent. on the money

lands, &c. and an

500 dollars, except

SEC. 14. And be it further enacted, That, from and after Each of the registhe first day of April next, each of the registers and receivers after the of public moneys of the several land offices established by April, 1804, to relaw, either north of the river Ohio or south of the State of &c. one half per Tennessee, shall, in addition to the commission heretofore paid for public allowed, receive one half per cent. on all the moneys paid annual salary of for public lands sold in their respective offices, and an annual at Marietta, &c. salary of five hundred dollars, the register and receiver of the land office at Marietta excepted, the annual salary of whom shall be two hundred dollars. And from and after the Fees payable, by same day, the fees payable, by virtue of former laws, to the laws, to the regis registers of the several land offices, for the entry of lands, longer paid by the and for certificates of moneys paid, shall no longer be de- purchasers. mandable from, nor paid by, the purchasers of public lands. And it shall be the duty of the Secretary of the Treasury to The Secretary of cause, at least once every year, the books of the officers of cause the books of the land offices to be examined, and the balance of public land offices to be moneys in the hands of the several receivers of public examined, &c. moneys of the said offices to be ascertained.

virtue of former

ters, &c. to be no

the Treasury to

the officers of the

longer to be paid

land offices to

tificates to the Re

cure and forward

party paying the

of 25th April, 1812;

SEC. 15. And be it further enacted, That, from and after Fees for patents no the first day of April next, the fees heretofore payable for by purchasers. patents for lands shall no longer be paid by the purchasers. And it shall be the duty of every register of a land office, on The registers of the application of the party, to transmit by mail, to the Register transmit final cerof the Treasury, the final certificate granted by such register gister of the Treas to the purchaser of any tract of land sold at his office and it ury, who is to proshall be the duty of the Register of the Treasury, on receiving the patents, the any such certificate, to obtain and transmit by mail, to the postage. register of the proper land office, the patent to which such purchaser is entitled ;* but in every such instance the party Altered. See act shall previously pay to the proper deputy postmaster the post- chap. 136. age accruing on the transmission of such certificate and patent. SEC. 16. And be it further enacted, That the President of The President em. the United States shall have full power to appoint and com- and mission the several registers and receivers of public moneys receivers, &c. of the land offices established by this act, in the recess of Congress; and their commissions shall continue in force until the end of the session of Congress next ensuing such appointment. SEC. 17. And be it further enacted, That the several super-sales to receive 6 intendents of the public sales directed by this act shall receive dollars each for six dollars each, for each day's attendance on the said sales. ance, &c. SEC. 18. And be it further enacted, That a sum, not ex- Not exceeding ceeding twenty thousand dollars, be, and the same is hereby, propriated for carappropriated for the purpose of carrying this act into effect; L. which sum shall be paid out of any unappropriated moneys in the Treasury.

Approved, March 26, 1804.

[See Part 2, Nos. 13, 19, 35, 64, 98, 105, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 190, 194, 195, 196, 197, 203, 208, 209, 210, 211, 217, 231, 243, 395, 440, 636, 745, 746, 747, 748, 749, 750, 751, 752, 753, 758, 759, 760, 770, 835, 900, 908, 944, 948, 962.]

powered to appoint commission the registers and

Superintendents of

every day's attend

20,000 dollars ap

rying this act into