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before the day aforesaid, be registered and located, shall be forever barred.

Approved, March 2, 1799.

[See Part II, Nos. 2, 108, 113, 114, 115, 116, 121, 189, 236, 237, 728, 729, 730, 733.]

*See chap. 38, act of 3d March, 1801; also chap. 58, post, by which the provisions of this act

tracted with John

CHAP. 49.-An act to authorize the sale of certain lands between the Great and Little Miami rivers, in the Territory of the United States northwest of the river Ohio, and for giving a pre-emption to certain purchasers and settlers.*

SEC. 1. Be it enacted by the Senate and House of Repreare extended, &c. sentatives of the United States of America in Congress asPersons who con- sembled, That any person or persons who, before the first C. Symmes, prior day of April, in the year one thousand seven hundred and 1797, &c., to be en- ninety-seven, had made any contract or contracts, in writing, ence in purchas. With John Cleves Symmes, for the purchase of lands be

to the 1st of April,

titled to a prefer

ing, &c.

tween the Great and Little Miami rivers, which are not comprehended in his patent dated the thirtieth day of September, one thousand seven hundred and ninety-four, shall be entitled to a preference in purchasing of the United States all the lands so contracted for, at the price of two dollars an acre, to be paid to the Treasurer of the United Terms of payment. States as follows: one third part of the purchase-money on or before the first day of September next; one third part in one year from the said first day of September; and the remaining third part in two years from the said first day of September; which two last payments shall be secured in the manner pointed out and directed by the act entitled "An act for providing for the sale of the lands of the United States in the Territory northwest of the river Ohio, and above the mouth of Kentucky river." And that, upon each payment, the same evidences of purchase and title shall be given to the purchasers, respectively, as to purchasers under the said recited act.

†See chapter 41,

Persons claiming the benefit of this

&c.

SEC. 2. And be it further enacted, That each and every act, to give notice, person claiming the benefit of this act shall, on or before the first day of September next, give notice, in writing, to the Secretary of the Treasury, or to the surveyor general, that they claim the right of pre-emption by this act offered, and do assent to the terms of sale established by this act. Persons neglecting And if any person shall neglect to give the said notice, or failing to make shall fail in making the first payment as before directed, all first payment, right of pre-emption to right of pre-emption shall cease and become void; and the lands shall be surveyed and sold agreeably to the directions of the before-recited act.

to give notice, or

cease, &c.

The surveyor general, on the receipt

SEC. 3. And be it further enacted, That the surveyor genof notice, to survey eral shall, as soon as may be after the receipt of the notice the lands, &c, un aforesaid, lay off and survey the said lands, agreeably to the directions of the said recited act, unless the said lands have been heretofore surveyed and laid off by the said contract

less, &c.

ors or settlers; in which case the surveyor general shall survey the outlines of such tract or tracts, so as to ascertain the contents, and shall cause the same to be recorded and deposited, as in and by the said recited act is directed for the plats and surveys made under that act.

the Treasury may

for sums expended

vided, &c.

SEC. 4. And be it further enacted, That it may be lawful The Secretary of for the Secretary of the Treasury to credit the said purcha- credit purchasers sers with such reasonable sum or sums of money as have in surveying, probeen expended in surveying the said land; provided the same does not exceed the sums allowed by the United States to their own surveyors for the like services.

SEC. 5. And be it further enacted, That the evidences of The evidences of the public debt to the public debt of the United States shall be receivable in be received in paypayment for the said lands, agreeably to the directions of an ment, &c. act entitled "An act to authorize the receipt of evidences of the public debt in payment for the lands of the United States."*

Approved, March 2, 1799.

[See Part II, Nos. 13, 15, 35, 42, 43, 56, 57, 58, 60, 64, 72, 77, 88, 731, 737.]

CHAP. 50.-An act giving further time to the holders of military warrants to register and locate the same.

*See chapter 44.

the Treasury to re

&c.

SEC. 1. Be it enacted by the Senate and House of Repre- The Secretary of sentatives of the United States of America in Congress as- gister warrants 14 days after the nine sembled, That the Secretary of the Treasury shall, for the months allowed by space of fourteen days after the expiration of the nine the act mentioned, months heretofore allowed for that purpose by the act entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," regis- +Chapter 43. ter warrants for military services, in the form and manner as

of warrants under

acts, to be deter

is prescribed by the said recited act; and the priority of lo. Priority of location cation of said warrants, and the warrants registered under this and former the said recited act, shall be determined by lot, immediately mined by lot, &c. after the expiration of the said fourteen days; and a day for the location shall be fixed by the Secretary of the Treasury, delphia gazette, in a public notice given in one of the gazettes of the city of c. Philadelphia.

Approved, February 11, 1800.

[See Part II, Nos. 2, 43, 108, 113, 114, 115, 116, 121, 189, 236, 237.]

Notice in a Phila

CHAP. 51.-An act in addition to an act entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen."

See original act of 1st June, 1796, chapter 43; also

53.

SEC. 1. Be it enacted by the Senate and House of Repre- chapters 58, 67, 75, sentatives of the United States of America in Congress as

tion of the lines ac

daries, &c., are to be considered as the corners of townships, not

*Chapter 43.

township stated to

in

each quarter,

corners of the re

&c.

Points of intersec sembled, That the respective points of intersection of the tually run as boun- lines actually run as the boundaries of the several townships surveyed by virtue of the act entitled "An act regulating the grants of land appropriated for military services, withstanding, &c. and for the Society of the United Brethren for propagating the Gospel among the Heathen," accordingly as the said lines have been marked and ascertained at the time when the same were run, notwithstanding the same are not in conformity to the act aforesaid, or shall not appear to correspond with the plat of the survey which has been returned by the surveyor general, shall be considered, and they are hereby declared to be, the corners of the said townships; that in In regard to every regard to every such township as, by the plat and survey recontain 4,000 acres turned by the surveyor general, is stated to contain four the points, &c. to thousand acres in each quarter thereof, the points on each of be considered as the boundary lines of such township, which are at an equal spective quarters, distance from those two corners of the same township which stand on the same boundary line, shall be considered, and they are hereby declared to be, corners of the respective The other bounds. quarters of such township; that the other boundary lines of straight lines, &c. the said quarter townships shall be straight lines, run from each of the last-mentioned corners of quarter townships to the corner of quarter townships on the opposite boundary In regard to every line of the same township; and that, in regard to every such ted to contain, in township as, by the said return, is stated to contain, in any more or less than of the quarters thereof, more or less than the quantity of ners marked, &c. four thousand acres, the corners marked in the boundary the corners of the lines of such township, to designate the quarters thereof, quarter townships, shall be considered, and they are hereby declared to be, the corners of the quarter townships thereof, although the same may be found at unequal distances from the respective corTownships to be ners of such townships; and such townships shall be divided, by running lines through the same, from the corners of the quarter townships actually marked, whether the interior lines thus extended shall be parallel to the exterior lines of Each of the quarter the said township or not; and that each of the said quarter every proceeding townships thus bounded shall, in every proceeding to be mentioned, to be had under the above-mentioned or this act, be considered as taining the exact containing the exact quantity expressed in the plat and survey thereof returned by the surveyor general.

ry lines to be

township, &c. sta

any of the quarters,

4,000 acres, the cor

to be considered

&c., although, &c.

divided, by running lines, &c.

townships, &c., in

under the acts

considered as con

quantity expressed in the plat, &c.

&c. of military

gistered pursuant

ed, &c., may locate

any quarter town

ship, &c.

The proprietors, SEC. 2. And be it further enacted, That it shall be lawful land warrants, re- for the proprietors or holders of warrants for military serto the act mention- Vices which have been or shall be registered at the Treasthe quantities of ury, in pursuance of the act entitled "An act regulating land mentioned,on the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," during the time, in the manner, and according to the rights of priority which may be acquired in pursuance of said act, to locate the quantities of land mentioned in the warrants by them respectively registered, as aforesaid, on any quarter township, or fractional part of a quarter township, in the general tract mentioned and described

Chapter 43.

tional quart'r town

to be taken, in case, for

in said act: Provided, always, That the fractional quarter Proviso; the frac townships upon the river Sciota, and those upon the river ships mentioned, Muskingum, adjoining the grant made to Ebenezer Zane, or every the towns Salem, Gnadenhutten, or Schoenbrun, or the Indi- 4,000 acres, &c. an boundary line, shall, in every case, be accepted and taken in full satisfaction for four thousand acres.*

*See sect. 5, chap.

43.

any quarter town

tain less than 4,000

the Secretary of

sue certificates for

maining unsatisfi

SEC. 3. And be it further enacted, That whenever loca- Whenever locations shall be made on any quarter township which, accord-on is made on ing to the actual survey and plat thereof, returned by the ship, stated to con surveyor general, is stated to contain less than the quantity acres, except, &c. of four thousand acres, except in the case of fractions pro- the Treasury to isvided for in the preceding section, it shall be lawful for the the quantity re Secretary of the Treasury to issue, or cause to be issued, d, &c. certificates, expressing the number of acres remaining unsatisfied, of any registry of warrants, for the quantity of four thousand acres, made in pursuance of the act before recited; which certificates shall have the same validity and effect, and be liable to be barred in like manner, as warrants granted for military services; but no certificate shall be granted, granted for leas nor any claim allowed, for less than fifty acres, nor for the than 50 acres, &c. navigable water contained within the limits of any quarter. township or fractional quarter township.

No certificate to be

loca

any quarter town

ceed 4,000 acres,

sued until the ex

SEC. 4. And be it further enacted, That whenever a loca- Whenever tion shall be made on any quarter township which, accord- tion is made on ing to the actual survey and plat thereof, returned by the ship, stated to exsurveyor general, is stated to exceed the quantity of four no patent to be is thousand acres, no patent shall be issued in pursuance there- cess of acres be of until the person making such location shall deposite at paid for, &c. the Treasury warrants for military services, or certificates issued by virtue of the preceding section, equal to the excess above four thousand acres contained in such quarter township, or shall pay into the Treasury of the United States two dollars per acre, in the certificates of the six per cent. funded debt of the United States, or money, for each acre of the excess above four thousand acres, as aforesaid.

cations have been

holders of war

tracts,&c., the Sec

ury to designate,

SEC. 5. And be it further enacted, That after the priority After priority of loof location shall have been determined, and after the propri- determined, and etors or holders of warrants for military services shall have rants, &c. have designated the tracts by them respectively elected, it shall designated chosen be the duty of the Secretary of the Treasury to designate retary of the Treas by lot, in the presence of the Secretary of War, fifty quar- by lot, &c., fifty ter townships of the lands remaining unlocated'; which quar- &c. to be reserved quarter townships, ter townships, together with the fractional parts of townships for satisfying warremaining unlocated, shall be reserved for satisfying war- military services, rants granted to individuals for their military services, in the manner hereafter provided.

rants granted for

&c.

quarter townships,

SEC. 6. And be it further enacted, That the land in each The land in the of the quarter townships designated as aforesaid, and in such and fractional of the fractional parts of quarter townships as may then re- ng unlocated, to main unlocated, shall be divided by the Secretary of the be divided, &c. inTreasury, upon the respective plats thereof, as returned by each, &c. the surveyor general, into as many lots of one hundred acres

to lots of 100 acres

between parallel lines, &c.

each as shall be equal, as nearly as may be, to the quantity such quarter township or fraction is stated to contain; each Lots to be included of which lots shall be included, where practicable, between parallel lines one hundred and sixty perches in length, and one hundred perches in width, and shall be designated by progressive numbers upon the plat or survey of every such quarter township and fraction, respectively.

After 16th March,

1800, and before Ist

holders of warrants

may locate, &c. on

any lots remaining, &c

*See chapter 58.

the warrant, the

patent, &c.

SEC. 7. And be it further enacted, That, from and after January, 1802, the the sixteenth day of March next, it shall be lawful for the holder of any warrant granted for military services to locate, at any time before the first day of January, one thousand eight hundred and two,* the number of hundred acres expressed in such warrant, on any lot or lots, from time to time, remaining unlocated within the tracts reserved as aforesaid; Upon surrendering and upon surrendering such warrant to the Treasury, the holder to receive a holder thereof shall be entitled to receive a patent, in the manner and upon the conditions heretofore prescribed by See chapter 43 law; which patent shall, in every case, express the range, township, quarter township, or fraction, and number of the No location, or pat lot, located as aforesaid. But no location shall be allowed, 100 acres, except nor shall any patent be issued, for any lot or lots of one hunperson originally dred acres, except in the name of the person originally entitled to such warrant, or the heir or heirs of the person so Land located and entitled ; nor shall any land, so located and patented to a considered as in person originally entitled to such warrant, be considered as Holders author in trust for any purchaser, or be subject to any contract made ized. See act of before the date of such patent; and the title to lands acquired chap. 64, post, and in consequence of patents issued as aforesaid shall and may subsequent acts. be alienated in pursuance of the laws which have been or alienated in pursu shall be passed in the Territory of the United States northed in the Territory West of the river Ohio, for regulating the transfer of real properry, and not otherwise.

ent, for any lot of

in the name of the

entitled, &c.

patented not to be

trust, &c.

3d March, 1803,

Titles may be

ance of laws pass

northwest of the Ohio, &c.

made for the same

ry of the Treasury

Where more than SEC. 8. And be it further enacted, That in all cases, after one application is the sixteenth of March next, where more than one applicatract, the Secreta tion is made for the same tract, at the same time, under this to determine, by act, or under the act to which this is in addition, the Secretary of the Treasury shall determine the priority of location by lot.

lot, &c.

the Treasury to ad

tion, &c.

The actual plat,

ed in the tract men

The Secretary of SEC. 9. And be it further enacted, That it shall be the vertise the tracts duty of the Secretary of the Treasury to advertise the tracts reserved for loca- which may be reserved for location, in lots of one hundred acres, in one newspaper in each of the States, and in the Territory aforesaid, for and during the term of three months. &c. of quart'r town- SEC. 10. And be it further enacted, That the actual plat ships, &c. contain and survey, returned by the surveyor general, of quarter tioned, &c., to be townships and fractional parts of quarter townships conand conclusive, so tained in the tract mentioned and described in the act to which this is a supplement, shall be considered as final and conclusive, so far as relates to the quantity of land supposed No claim to be to be contained in the quarter townships and fractions, so hereafter set up by that no claim shall hereafter be set up against the United on account, Sales, States, by any proprietor or holder of warrants for military

considered as final

far, &c.

any proprietor, nor

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