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CHAP. 201.-An act making reservation of certain public lands to supply tim

ber for naval purposes.

and

red

Sec. 1. Be it enacted by the Senate and House of Repre

sentatives of the United States of America, in Congress asThe Secretary of sembled, That the Secretary of the Navy be authorized, and w cause lands pro: it shall be his duty, under the direction of the President of

cedar the United States, to cause such vacant and unappropriated timbers and be lede: lands of the United States as produce the live oak and red liges to be herederos cedar timbers to be explored, and selection to be made of principal growth such tracts or portions thereof, where the principal growth

Is, etc.

The Secretary em.
veyor, who are to
report, etc.
*Repealed, by act

to be reserved, un-
less, etc.

ed, etc.

is of either of the said timbers, as, in his judgment, may be necessary to furnish for the navy a sufficient supply of the

said timbers. The said Secretary shall have power to emagents and an or ploy such agent or agents and surveyor as he may deem ne

cessary for the aforesaid purpose,* who shall report to him

the tracts by them selected, with the boundaries ascertained cha D.12.1, p1. 20; and accurately designated by actual survey or watercourses ;

which report shall be laid before the President, which he

may approve or reject, in whole or in part; and the tracts The tracts selected of lands, thus selected with the approbation of the President,

shall be reserved, unless otherwise directed by law, from any future sale of the public lands, and be appropriated to

the sole purpose of supplying timber for the navy of the Proviro; rights of United States: Provided, That nothing in this section connot to be prejudic: tained shall be construed to prejudice the rights of any per

son or persons claiming lands which may be reserved as aforesaid.

Sec. 2. And be it further enacted, That if any person or reserved, or any persons shall cut any timber on the lands reserved as afore. live oak, or red said, or shall remove, or be employed in removing, timber public lands, etc from the same, unless duly authorized so to do by order of a 500 dolls, and im. competent officer, and for the use of the navy of the United

States; or if any person or persons shall cut any live oak or red cedar timber on, or remove be employed in removing from, any other public lands of the United States, with intent to dispose of the same for transportation to any port or place within the United States, or for exportation to any foreign country, such person or persons so offending, and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding sis months.

Sec. 3. And be it further enacted, That is the master, lands reserved,etc. owner, or consignee, of any ship or vessel, shall knowingly

take on board any timber cut on lands reserved as aforesaid, without proper authority and for the use of the navy, or shall take on board any live oak or red cedar timber, cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be seized shall, with her tackle, apparel, and furniture, be wholly forfeited.

Persons cutting timber on the lands

months.

Veggels taking on board timber from

forfeited.

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SEC. 4. And be it further enacted, That if any timber as Exportation aforesaid shall, contrary to the prohibitions of this act, be this act subjecis the exported to any foreign country, the ship or vessel in which vessel to forfeiture, the same shall have been exported shall be liable to forfeit- fine of 1,000 dolls. ure, and the captain or master of such ship or vessel shall forfeit and pay a sum not exceeding one thousand dollars.

Sec. 5. And be it further enacted, That all penalties and Recovery of penal: forfeitures incurred for taking on board, transporting, or ex- gation thereof, etc. porting timber, by force of this act, shall be sued for, re- acts mentioned covered, and distributed, and accounted for, in the manner prescribed by the act entitled “An act to regulate the collection of duties on imports and tonnage," and shall be mitigated or remitted in the manner prescribed by the act entitled “An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned.”

Approved, March 1, 1817.

(See Part II, Nos. 16, 267, 379, 896.]

CHAP. 202. -An act to enable the people of the western part of the Mississippi

Territory to form a constitution and State Govermment, and for the admission of such State into the Union, on an equal footing with the original States. ** *Sections 1, 2, and

3, irrelevani. SEC. 4. And be it further enacted, That the members of Convent'n to meet the convention, thus duly elected, be, and they hereby are, the first Monday of authorized to meet at the town of Washington, on the first determine, and to Monday of July next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient at that time to form a constitution and State Government for the people within the said Territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and State Government: Provided, That the proviso; the Gov. same, when formed, shall be republican, and not repugnant publican, and not to the principles of the ordinance of the thirteenth of July, ordinance oto 131 one thousand seven hundred and eighty-seven,t between July, 1787, 80 far, the people and States of the Territory northwest of the river +Sce Ohio, so far as the same has been extended to the said Terri, nance, chap. 20. tory by the articles of agreement between the United States and the State of Georgia, or of the constitution of the United States : And provided, also, That the said convention shall proviso as to un provide, by an ordinance irrevocable without the consent of appropriated lands, the United States, that the people inhabiting the said Terri- from taxes, etc. tory do agree and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within the said Territory, and that the same shall be and remain at the sole and entire disposition of the United States; and, moreover, that each and every tract of land sold by Congress shall be and remain exempt from any tax laid by the order or under the authority of the State, whether for State, county,

the

ordi.

roads and canals.

township, parish, or any other purpose whatever, for the term of five years from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States, residing without the said State, shall never be.taxed higher than the lands belonging to persons residing therein; and that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said State as to other citizens of the United States, without any tax, duty,

impost, or toll, therefor, imposed by the said State.(1) Reservation of 5 Sec. 5. And be it further enacted, That five per cent. of sold, for making the nett proceeds of the lands lying within the said Terri

tory, and which shall be sold by Congress from and after the first day of December next, aster deducting all expenses incident to the same, shall be reserved for making public roads and canals; of which three fifths shall be applied to those objects within the said State, under the direction of the Legislature thereof, and two bsths to the making of a

road or roads leading to the said State, under the direction Proviso; prior obli. of Congress : Provided, That the application of such prosations to Georgia, ceeds shall not be made until after payment is completed of

the one million two hundred and fisty thousand dollars due to the State of Georgia, in consideration of the cession to the United States, nor until the payment of all the stock which has been or shall be created by the act entitled “ An

act providing for the indemnification of certain claimants of See chap. 161. public lands in the Mississippi Territory,”* shall be comPeroxiso, the paper pleted: And provided, also, That the said five per cent. culated on certain shall not be calculated on any part of such proceeds as shall proceeds.

be applied to the payment of ihe one million two hundred and fifty thousand dollars due to the State of Georgia, in consideration of the cession to the United States, or in payment of the stock which has or shall be created by the act

entitled "An act providing for the indemnification of certain +See chap. 161. claimants of public lands in the Mississippi Territory.”| The State entitled Sec. 6. And be it further enacted, -That, until the next to one Representa live in Congress. general census shall be taken, the said State shall be enti

tled to one Representative in the House of Representatives of the United States.

Approved, March 1, 1817.

etc. to be first discharged.

(1) Sec Part II, No. 13.
[See Part II, No. 54.]

See chapter 264. CHAP. 203.--An act to set apart and dispose of certain public lands, for the lary, and chs. 410,

encouragement of the cultivation of the vine and olive. I 148. Four contiguous townships, each 6 SEC. 1. Be it enacted by the Senale and House of RepreMississippi Terri-sentatives of the United States of America in Congress asand reserved, ecc." sembled, That it shall be the duty of the Secretary of the

for the

Treasury, under the direction of the President of the United States, to designate and set apart any four contiguous townships, each six miles square, of vacant public lands' lying in that part of the Mississippi Territory which was formed into a land district by the act entitled "An act [to provide for the ascertaining and surveying of the boundary lines fixed by the treaty with the Creek Indians, and for other purposes,

passed on the third day of March, one *Chapter 177. thousand eight hundred and fifteen ; and the four townships, so designated and set apart, shall be reserved from public and private sale, any thing in the aforesaid act to the contrary notwithstanding. SEC. 2. And be it further enacted, That the Secretary of The Secretary of

Treasury to the Treasury be, and he is hereby, authorized to contract contract for the sale of the said four townships, which shall have been salp, father outros designated and set apart as aforesaid, at the rate of two dol. per acre, etc. lars per acre, to be made payable fourteen years after the contract shall have been concluded with any agent or agents of the late emigrants from France, who have associated together for the purpose of forming a settlement in the United States: Provided, That satisfactory evidence shall be pro- Proviso; as to the duced that such agent or agents are duly authorized to form emigrants being such contract, and that the number of such emigrants, being forly of full age, for which he or they are authorized to act, are etc. equal at least to the number of half sections contained in the four townships proposed to be disposed of.

Sec. 3. And be it further enacted, That the said Secre- The Secretary emtary shall have power to make such allotment of the lands powered to make among the individuals, and to stipulate, in the proposed con- lands among indi

. tract, for such conditions of settlement, and cultivation of the stipulate for the vine and other vegetable productions, as may to him appear vine, etc. reasonable; and ibat on the sulfilment of such conditions shall the issuing of grants for the lands be made to depend : Provided, That no patent shall be granted for any of the Proviso; no patent lands aforesaid, nor shall any title be obtained therefor, plete payment for either at law or in equity, until complete payment shall the whole, etc. have been made for the whole four townships, and until they comply with the conditions of the contract, so to be made as aforesaid ; nor shall a patent be granted for a No patent for more greater quantity than six hundred and forty acres to any one one person. person.

Approved, March 3, 1817.

duly authorized to

a contract,

cultivation of the

(See Part II, Nos. 13, 87, 88, 101, 238, 268, 380, 411, 415, 433, 435, 444, 476, 910.]

CHAP. 204.-An act to authorize the appointment of a surveyor for the lands

in the northern part of the Mississippi Territory, and the sale of certain lands therein described.

Sec. 1. Be it enacted by the Senate and House of Representatives of the United Siates of America in Congress as

lands ofihe United States to be ap

that

; his duties,

etc.

num coinpensation to the surveyor.

trict.

A surveyor of the sembled, That a surveyor of the lands of the United States

in the Mississippi Territory, lying north of an east and west part of the Missis line, to be drawn from the river Mississippi, through Fort sippie Territory, ide. Williams, to the western boundary line of the State of

Georgia, shall be appointed, whose duty it shall be to engage a sufficient number of skilful surveyors as his deputies, and to cause the lands above mentioned, which have not already been surveyed, and to which the Indian title has been extinguished, to be surveyed and divided in the manner provided by law for the surveying of the other publie lands of the United States in the Mississippi Territory, to do and perform all such acts in relation to the said lands, to transmit plats of survey in the manner, and to fix the compensation of the deputy surveyor, chain-carriers, and axemen, under the same restrictions and limitations of expense in surveying, as is by law directed and provided for the regulation of the powers and duties of the surveyor of the

lands south of the State of Tennessee, in relation to the 1,500 dolls. per an. other public lands in the Mississippi Territory. And the

said surveyor, appointed in pursuance of this act, shall be entitled to receive for his services one thousand five hun

dred dollars, as an annual compensation. Lands to be attach- Sec. 2. And be it further enacted, That all the lands of ed 10 Madison dis.

the United States in the Mississippi Territory, to which the Indian title has been extinguished, lying north of the aforesaid east and west line, and which has not heretofore been offered for sale, shall be attached to and made a part of the land district of Madison, in the said Territory.

SEC. 3. And be it further enacted, That all the lands by with the exception this act attached to the district of Madison, after having been etc. to be offered surveyed according to law, shall, with the exception of the for sale, etc.

section number sixteen in each township, which shall be reserved for the support of schools therein, and with the further exception of such sections, not exceeding ten in number, as the President shall designate, for the purpose of laying out and establishing towns thereon, be offered for sale, to the highest bidder, under the direction of the register of the land office and the receiver of public moneys, at

the place where the land office is kept, and on such day or President to desig: days as shall, by proclamation of the President of the United sale by proclama. States, be designated for that purpose; the sales shall re

main open two weeks, and no longer. The lands shall not sold for less than be sold for less than two dollars an acre; and shall, in every

other respect, be sold in tracts of the same size, and on the

same terms and conditions, as have been or may be proLands remaining vided for lands sold in the same district. All the lands may be disposed of offered for sale, and remaining unsold at the close of the at private sale, etc. said public sales, may be disposed of at private sale by the

register of the land office, in the same manner, for the same price, and on the same terms and conditions, as are [or] may be provided for the sale of other lands in the same dis

Lands attached to
Madison district,

tion.
Lands not to

2 dolls. per acre.

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