the Huntsville land district, and to select a like quantity in lieu thereof of any of the public lands of the United States in said State; and that, on such relinquishment being made by the trustees as aforesaid, patents shall issue to the purchasers, from the United States, of said lands, or their assignees. Approved, May 24, 1828. CHAP. 373.—An act to authorize the Legislature of the State of Illinois to sell and convey a part of the land reserved and granted to said State for the use of the Ohio Saline. nois authorized to works. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislature of the State of Illinois shall Legislature of Illibe, and is hereby, authorized and empowered to cause to be sell land reserved sold and conveyed, in such manner and on such terms and for the use of salt conditions as said Legislature shall by law direct, such part or parts of the tract of land reserved and granted to said State for the use and support of the salt works, known by the name of the Ohio Saline, in the county of Gallatin, in the said State, and to apply the proceeds of such sale to such objects as the said Legislature may by law hereafter direct: Provided, That the Legislature shall not sell and Not exceeding CHAP. 374.-An act to aid the State of Ohio in extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said State to aid in the construction of the canals authorized by law, and for making donations of land to certain persons in Arkansas Territory. State of Ohio to aid SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and is hereby, granted to the State Land granted to of Ohio, for the purpose of aiding said State in extending in constructing the the Miami canal from Dayton to Lake Erie, by the Maumee Miami canal. route, a quantity of land equal to one half of five sections in width on each side of said canal, between Dayton and the Maumee river, at the mouth of the Anglaise, so far as the same shall be located through the public land, and reserving each alternate section of the land unsold to the United States, to be selected by the Commissioner of the General Land Office, under the direction of the President of the United States; and which land, so reserved to the United States, shall not be sold for less than two dollars and fifty cents per acre. The said land, hereby granted to the State of Ohio, to be subject to the disposal of the Legislature of said State toll to the United States. Canal to be free of for the purpose aforesaid, and no other: Provided, That said canal, when completed, shall be and forever remain a public highway, for the use of the Government of the United States, free from any toll or other charge whatever for any property of the United States, or persons in their service, Canal to be com- passing through the same: And provided, also, That the five, and complet extension of the said Miami canal shall be commenced withed in 20 years, &c. in five years, and completed within twenty years, or the State shall be bound to pay to the United States the amount of any lands previously sold; and that the title to purchasers under the State shall be valid. menced within Lands granted by this act, to be ex ed. SEC. 2. And be it further enacted, That so soon as the amined and report route of said canal shall be located and agreed on by said State, it shall be the duty of the Governor thereof, or such other person or persons as may have been or shall hereafter be authorized to superintend the construction of said canal, to examine and ascertain the particular lands to which the said State will be entitled under the provisions of this act, and report the same to the Secretary of the Treasury of the United States. Ohio may sell after made. SEC. 3. And be it further enacted, That the State of Ohio, the selection be under the authority of the Legislature thereof, after the selection shall have been so made, as aforesaid, shall have power to sell and convey the whole or any part of said land, and to give a title, in fee simple, therefor, to the purchaser thereof. Indiana may con lands granted by 1827. SEC. 4. And be it further enacted, That the State of Invey to Ohio certain diana be, and hereby is, authorized to convey and relinact of 2d of March, quish to the State of Ohio, upon such terms as may be agreed upon by said States, all the right and interest granted to the State of Indiana to any lands within the limits of the State of Ohio, by an act entitled "An act to grant a certain quantity of land to the State of Indiana, for the purpose of aiding said State in opening a canal, to connect the waters of Wabash river with those of Lake Erie," approved on the second of March, one thousand eight hundred and twenty-seven; the State of Ohio to hold said land on the same conditions upon which it was granted to the State of Indiana by the act aforesaid. *See chap. 349. 500,000 acres of land granted to the construction of canals. SEC. 5. And be it further enacted, That there be, and Ohio, for the pur- hereby is, granted to the State of Ohio five hundred thoupose of aiding in sand acres of the lands owned by the United States within the said State, to be selected as hereinafter directed, for the purpose of aiding the State of Ohio in the payment of the debt, or the interest thereon, which has heretofore been or which may hereafter be contracted by said State, in the construction of the canals within the same, undertaken under the authority of the laws of said State now in force, or that may hereafter be enacted, for the extension of canals now making; which land, when selected, shall be disposed of by Canals to be free the Legislature of Ohio for that purpose, and no other: Proof tolls to the U. vided, The said canals, when completed or used, shall be States. ted in seven years. and forever remain public highways, for the use of the Government of the United States, free from any toll or charge whatever for any property of the United States, or persons in their service, passing along the same: And provided, further, That the said canals, already commenced, shall be And to be comple completed in seven years from the approval of this act; otherwise the State of Ohio shall stand bound to pay over to the United States the amount which any lands sold by her within that time may have brought; but the validity of the titles derived from the State by such sales shall not be affected by that failure. land. SEC. 6. And be it further enacted, That the selection of Selection of the the land granted by the fifth section of this act may be made under the authority and by the direction of the Governor of the State of Ohio, of any lands belonging to the United States within said State, which may at the time of selection be subject to entry at private sale, and within two years from the approval of this act: Provided, That, in the selection of the lands hereby granted, no lands shall be comprehended which have been reserved for the use of the United States as alternate sections in the grants hitherto made, or which may be made during the present session of Congress, of lands within the register of the the said State, for roads and canals: And provided, That all To be reported to lands so selected shall, by the Governor of said State, be re- land office. ported to the office of the register of the district in which the land lies, and on lands shall be deemed to be so selected till such report be made, and the lands so selected shall be granted by the United States to the State of Ohio. fect until the Le same. SEC. 7. And be it further enacted, That this act shall Act not to take ef take effect, provided the Legislature of Ohio, at the first ses- gislature of Ohio sion thereof hereafter to commence, shall express the assent shall assent to the of the State to the several provisions and conditions hereof: and unless such expression of assent be made, this act shall be wholly inoperative, except so far as to authorize the Governor of Ohio to proceed in causing selection of said land to be made, previous to the said next session of the Legislature. made to citizens ments by a treaty Indians. SEC. 8. And be it further enacted, That each head of a Donation in land family, widow, or single man, over the age of twenty-one of Arkansas, who years, actually settled on that part of the Territory of Ar- lost their improvekansas which, by the first article of the treaty between the with the Cherokee United States and the Cherokee Indians west of the Mississippi, ratified the twenty-third day of May, one thousand eight hundred and twenty-eight, has ceased to be a part of said Territory, who shall remove from such settlement according to the provisions of that treaty, shall be authorized to enter, with the proper register of the land office in Arkansas, a quantity not exceeding two quarter sections of land, on any of the public lands in that Territory the sale of which is authorized by law, and in conformity with the lines of the public surveys, at any time within two years from the pas sage of this act; and upon presenting the certificate of such Register and receiver to take tes timony of losses. entry to the Secretary of the Treasury, a patent shall be issued to such settler, or to his, her, or their heirs, for the lands so entered, as a donation from the United States, as an indemnity for the improvements and losses of such settler under the aforesaid treaty.(1) SEC. 9. And be it further enacted, That the register and receiver of the land office, to which application may be made to enter such lands, shall be authorized to take the proper testimony of such actual settlement and subsequent removal, as in cases of pre-emptions heretofore granted to actual settlers, for which a reasonable compensation shall be made to such registers and receivers by the United States. Approved, May 24, 1828. (1) See Part II, Nos. 32, 38. [See Part II, Nos. 32, 38, 117, 130, 131, 349, 352, 355, 360, 385, 391, 392, 4u3, 408, pages 527, 533, Nos. 561, 583, 876.} Arkansas not to be on CHAP. 375.-An act restricting the location of certain land claims in the Territory of Arkansas, and for other purposes. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asDonation rights in sembled, That no person entitled to a donation of land by entered im the eighth section of an act entitled "An act to aid the State provements of ac of Ohio in extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said State to aid in construction of the canals authorized by law, and for making donations of land to certain persons in Arkansas Territory,"’* shall be permitted to enter the improvement of any actual settler in the Territory of Arkansas, before the same shall have been offered for sale, unless it be with the consent of such actual settler; and all entries which may be so made shall be considered null and void. *See chap. 374. Residents south of Arkansas river, titled to donations. SEC. 2. And be it further enacted, That no person resi&c., west of terri- ding south of the Arkansas river, and west of the present tertorial line, not en ritorial line, shall be entitled to the donation of land given by the eighth section aforesaid, unless said persons shall move east of said line; and, in that case, they shall be entitled to the donations specified in said eighth section of said act, under the restrictions aforesaid. Approved, January 6, 1829. [See Part II, Nos. 32, 38, 355, 360, 385, pages 527, 533, No. 999.] +Further extend- CHAP. 376.-An act to allow further time to complete the issuing and locating ed. See chap. 402, of military land warrants. † sect. 6. SEC. 1. Be it enacted by the Senate and House of RepreFurther time al sentatives of the United States of America in Congress asand locating land sembled, That the act entitled "An act to allow further lowed for issuing warrants. * time to complete the issuing and locating of military land warrants," approved the twenty-sixth day of May, one thousand eight hundred and twenty-four, and also the operations See chap. 309. of the act approved the twenty-fourth day of May, [February,] one thousand eight hundred and nineteen,† which, by tsee chap. 226. the said act of one thousand eight hundred and twenty-four, is revived, be, and the said acts are hereby, extended and continued in force for the term of five years from and after the twenty-sixth day of May next. Approved, February 5, 1829. [See Part II, Nos. 2, 43, 108, 113, 114, 115, 116, 121, 236, 237.] CHAP. 377.—An act authorizing the laying off a town on Bean river, in the *See chap. 444. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a tract of land in the State of Illinois, at and Town to be laid off at Galena, in Ilincluding "Galena," on Bean river, shall, under the direc- linois. tion of the surveyor of the public lands for the States of Illinois and Missouri and the Territory of Arkansas, be laid off into town lots, streets, and avenues, and into out-lots, having regard to the lots and streets already surveyed, in such manner and of such dimensions as he may think proper : Provided, The tract so to be laid off shall not exceed the quantity contained in one entire section, nor the town lots one quarter of an acre each, nor shall the out-lots exceed the quantity of two acres each. When the survey of the lots shall be completed, a plat thereof shall be returned to the Secretary of the Treasury, and within twelve months thereafter the lots shall be offered to the highest bidder at public Lots to be sold. sale, under the direction of the President of the United States, and at such other times as he shall think proper: Provided, That no town lot shall be sold for a sum less than five dollars: And provided, further, That a quantity of ground Public reservation. of proper width on the said river, and running therewith the whole length of the said town, shall be reserved from sale for public use, and remain forever a common highway. SEC. 2. And be it further enacted, That it shall be the Lots to be classed. duty of the said surveyor to class the lots already surveyed, in the said town of Galena, into three classes, according to the relative value thereof, on account of situation and eligibility for business, without regard, however, to the improvements made thereon; and previous to the sale of the said lots as aforesaid, each and every person, or his, her, or their legal representative or representatives, who shall heretofore have obtained from the agent of the United States a permit to occupy any lot or lots in the said town of Galena, or who shall have actually occupied and improved any lot or lots in the said town, or within the tract of land hereby authorized |