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vided to be offered

and half sections, at the places mentioned, &c.

*See act of March

The lands subdi- mentioned act) shall be offered for sale in sections and half for sale in sections sections, subdivided as before directed, at the following places and times, that is to say: those below the Little Miami shall be offered at public vendue in the town of Cincin28, 1804, sections nati, on the first Monday of April, one thousand eight hun10, 13, chapter 69. dred and one, under the direction of the register of the land office there established, and of either the Governor or secretary of the Northwestern Territory. The lands east of Sciota, south of the military lands, and west of the fifteenth range of townships, shall be offered, in like manner, for sale at Chilicothe, on the first Monday of May, one thousand eight hundred and one, under the direction of the register of the land office there established, and of either the Governor or secretary of the said Territory. The lands east of the sixteenth range of townships, south of the military lands, and west of the Muskingum, including all the townships intersected by that river, shall be offered for sale, in like manner, at Marietta, on the last Monday of May, one thousand eight hundred and one, under the direction of the Governor, or secretary, or surThe sales to re- Veyor general, of the said Territory. The sales shall remain weeks, &c. open at each place for three weeks, and no longer. The Superintendents to superintendents shall observe the rules and regulations of observe rules, &c. the above-mentioned act, in classing and selling fractional with entire sections, and in keeping and transmitting acLands remaining counts of the sales. All lands remaining unsold, at the unsold may be disclosing of either of the public sales, may be disposed of at private sale by the registers of these respective land offices, in the manner hereinafter prescribed; and the register of Steubenville may the land office at Steubenville, after the first day of July next, may proceed to sell at private sale the lands situate within the district assigned to his direction, as hereinbefore described, disposing of the same in sections, and classing fractional with entire sections, according to the provisions and regulations of the above-mentioned act, and of this act. The register at And the register of the land office at Marietta, after the said Marietta may pro first day of July next, may proceed to sell at private sale any of the lands, within the district assigned to his direction as aforesaid, which are east of the river Muskingum, excluding the townships intersected by that river, disposing of the same in sections, and classing fractional with entire sections, as aforesaid.

main open for three

posed of at private sale, &c.

The register at proceed to sell, &c.

ceed to sell, &c.

No lands to be sold

dollars per acre,

or evidences of the public debt, &c.

SEC. 5. And be it further enacted, That no lands shall be for less than two sold by virtue of this act, at either public or private sale, for payable in specie, less than two dollars per acre, and payment may be made for the same by all purchasers either in specie, or in evidences of the public debt of the United States, at the rates prescribed by the act entitled "An act to authorize the receipt of evidences of the public debt in payment for the lands of the United States," and shall be made in the following manner, and under the following conditions, to wit: Manner and con. 1. At the time of purchase, every purchaser shall, exclusively of the fees hereafter mentioned, pay six dollars for

*Chapter 44

ditions of paym't.

ry section, &c. to

surveying expens

price to be

every section and three dollars for every half section he Six dollars for eve may have purchased, for surveying expenses, and deposite be paid at the time one twentieth part of the amount of purchase-money, to be of purchase, for forfeited if within forty days one fourth part of the purchase-, and 1-20th money, including the said twentieth part, is not paid.* deposited, &c. 2. One fourth part of the purchase-money shall be paid 26, 1801, section 14, within forty days after the day of sale as aforesaid; another chapter 69, post. fourth part shall be paid within two years; another fourth purchase-money to part within three years; and another fourth part within four be paid in forty years, after the day of sale.

*See act of March

A fourth part of

days, in two years, in three years, and in four years.

Interest on

the

3. Interest, at the rate of six per cent. a year, from the day of sale, shall be charged upon each of the three last pay- three last paym'ts, ments, payable as they respectively become due.†

&c.
+See act of March

chapter 69, post.

payments, if paid

4. A discount, at the rate of eight per cent. a year, shall 26, 1804, section 11, be allowed on any of the three last payments, which shall be a discount on any paid before the same shall become due, reckoning this dis- of the three last count always upon the sum which would have been demand- before due, &c. able by the United States on the day appointed for such payment.

If the first paym't

not made, &c,

the deposites, &c.

the land may be sold, &c.

verting on account

ment, not to be sold

fered at public sale,'

Tracts not paid for within one year,

5. If the first payment of one fourth part of the purchasemoney shall not be made within forty days after the sale, the is deposite, payment, and fees, paid and made by the purchaser, are forfeited, and shall be forfeited, and the lands shall and may, from and after the day when the payment of one fourth part of the purchase-money should have been made, be disposed of at private sale, on the same terms and conditions, and in the same manner, as the other lands directed by this act to be disposed of at private sale: Provided, That the lands which Proviso; land reshall have been sold at public sale, and which shall, on ac- of failure in paycount of such failure of payment, revert to the United States, for less at private shall not be sold at private sale for a price less than the price than had been of that shall have been offered for the same at public sale. &c. 6. If any tract shall not be completely paid for within one year after the date of the last payment, the tract shall be advertised for sale by the register of the land office within whose district it may lie, in at least five of the most public places in the said district, for at least thirty days before the time of sale. And he shall sell the same at public vendue, during the sitting of the court of quarter sessions of the county in which the land office is kept, for a price not less than the whole arrears due thereon, with the expenses of sale; the surplus, if any, shall be returned to the original 1,16, chap. 50. purchaser, or to his legal representative; but if the sum due, with interest, be not bidden and paid, then the land shall revert to the United States. All moneys paid therefor shall be forfeited, and the register of the land office may proceed to dispose of the same to any purchaser, as in case of other lands, at private sale.

&c., to be adver the register, &c.

tised for sale by

See act of April

be

Payments to
urer, or receivers

made to the Treas

SEC. 6. And be it further enacted, That all and every the payments to be made by virtue of the preceding section shall be made either to the Treasurer of the United States, &c. or to such person or officer as shall be appointed by the

of public moneys,

lic moneys to give bonds, &c.

ceiver to give re

mit accounts of

the Treasury and

President of the United States, with the advice and consent of the Senate, receiver of public moneys for lands of the United States, at each of the places, respectively, where the public and private sales of the said lands are to be made; Receivers of pub- and the said receiver of public moneys shall, before he enters upon the duties of his office, give bond, with approved security, in the sum of ten thousand dollars, for the faithful discharge of his trust; and it shall be the duty of the said Treasurer and re- Treasurer and receiver of public moneys to give receipts for ceipts, &c., trans- the moneys by them received, to the persons respectively paymoney received ing the same; to transmit, within thirty days in case of pubto the Secretary of lic sale, and quarterly in case of private sale, an account of to the registers, &c. all the public moneys by them received, specifying the amount received from each person, and distinguishing the sums received for surveying expenses and those received for purchase-money, to the Secretary of the Treasury, and to the registers of the land office, as the case may be. The Receivers to trans- said receivers of public moneys shall, within three months terly to the Treas- after receiving the same, transmit the moneys by them received to the Treasurer of the United States; and the receivers of public moneys for the said sales, and also the receivers of public moneys for the sales which have taken place at Pittsburg, under the act entitled "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," shall receive one per cent. on the money received, as a compensation for clerk hire, receiving, safe keeping, and transmitting it to the Treasury of the United States. SEC. 7. And be it further enacted, That it shall be the ceive and enter ap- duty of the registers of the land offices, respectively, to replications of purceive and enter, on books kept for that purpose only, and on ner prescribed, &c. which no blank leaves or space shall be left between the dif

mit moneys quar

urer, &c.

One per cent. receivers, &c.

*Chapter 42.

to

The registers of the land offices to re

chasers in the

ferent entries, the applications of any person or persons who may apply for the purchase of any section or half section, and who shall pay him the fee hereafter mentioned, and produce a receipt from the Treasurer of the United States, or from the receiver of public moneys appointed for that purpose, for three dollars for each half section such person or persons may apply for, and for at least one twentieth part of the purchase-money, stating, carefully, in each entry, the date of the application, the date of the receipt to him produced, the amount of money specified in the said receipt, and the number of the section or half section, township, and range, +See act of Febru- applied for. If two or more persons shall apply at the same ary 24, 1810, chap. time for the same tract, the register shall immediately deterIf two or more per- mine by lot, in presence of the parties, which of them shall sons apply for the have preference. He shall file the receipt for moneys progister to determine duced by the party, and give him a copy of his entry, and, if Register to file re. required, a copy of the description of the tract, and a copy ceipts, give copies, of the plat of the same, or either of them; and it shall be his duty to inform the party applying for any one tract, whether the same has already been entered, purchased, or

106.

same tract, the re

by lot, &c.

payment of one fourth in three

accordingly, &c.

time within three

&c., a

a certificate given,

paid for, and, at his request, to give him a copy of the entry or entries concerning the same. He shall, three months after The party not prothe date of each application, if the party shall not have duying a receipt of within that time produced to him a receipt of the payment of months, the regis one fourth part of the purchase-money, including the twen- ter to make entry tieth part above mentioned, enter, under its proper date, in the said book of entries, that the payment has not been made, and that the land has reverted to the United States, and he shall make a note of the same in the margin of the book, opposite to the original entry. And if the party shall, either The party, at any at the time of making the original entry, or at any time within months after entry, three months thereafter, produce a receipt to him for the producing fourth part of the purchase-money, including the twentieth to be made thereof, part aforesaid, he shall file the receipt, make an entry of the &c. same, under its proper date, in the said book of entries, make a note of the same in the margin of the book, opposite to the original entry, and give to the party a certificate, describing the land sold, the sum paid on account, the balance remaining due, the time and times when such balance shall become due, and that if it shall be duly discharged, the purchaser, or his assignee, or other legal representative, shall be entitled to a patent for the said lands; he shall also, upon any Credit to be given subsequent payment being made, and a receipt from the re- ments, &c. ceiver being produced to him, file the original receipt, give a receipt for the same to the party, and enter the same, to the credit of the party, in a book kept for that purpose, in which he shall open an account, in the name of each purchaser, for each section or half section that may be sold, either at public or private sale, and in which he shall charge the party for the whole purchase money, and give him credit for all his payments; making the proper charges and allowances for Proper charges and interest or discount, as the case may be, according to the rest or discount, provisions of the fourth section of this act; and upon the &c. Upon final settlepayment being completed and the account finally settled, he ment, a certificate shall give a certificate of the same to the party; and on pro- to be given, &c. On producing the ducing to the Secretary of the Treasury the same final cer- final certificate, tificate, the President of the United States is hereby autho- to issue a patent, rized to grant a patent for the lands to the said purchaser, his &c. heirs or assigns; and all patents shall be countersigned by the Secretary of State, and recorded in his office.*

for subsequent pay

or

the President

*Altered. See act of 25th April, 1812,

the sales upon the surveys, &c.

SEC. 8. And be it further enacted, That the registers of chapter 136. the land offices, respectively, shall also note, on the book of Registers to note surveys or original plat transmitted to them, every tract which may be sold, by inserting the letter A on the day when the same is applied for, and the letter P on the day when a receipt for one fourth part of the purchase-money is produced to them, and by crossing the said letter A on the day when the land shall revert to the United States, on failure of the payment of one fourth part of the purchase-money within three months after the date of application. And the said Book of surveys, book of surveys, or original plat, shall be open, at all times, inspection, &c.

&c. to be open for

The registers to transmit to the

veyor general,

of tracts applied for, &c.

ments entered,&c.,

ted, &c.

Registers not to en

plications, &c.

to purchase, may

in presence of the register, for the inspection of any individual applying for the same and paying the proper fee. SEC. 9. And be it further enacted, That it shall be the Secretary of the duty of the registers of the land offices to transmit, quarterly, Treasury, and sur- to the Secretary of the Treasury, and to the surveyor genquarterly accounts eral, an account of the several tracts applied for, of the several tracts for which the payment of one fourth part of the purchase-money has been made, of the several tracts which have reverted to the United States on failure of the said payAn account of payment; and, also, an account of all the payments of moneys to be also transmit by them entered, according to the receipts produced to them, specifying the sums of money, the names of the persons paying the same, the names of the officers who have received the same, and the tracts for which the same have been paid. SEC. 10. And be it further enacted, That the registers ter their own ap- aforesaid shall be precluded from entering on their books any application for lands in their own name, and in the name Registers wishing of any other in trust for them; and if any register shall wish do it by application to purchase any tract of land, he may do it by application in to the surveyor writing to the surveyor general, who shall enter the same on books kept for that purpose by him, who shall proceed in respect to such applications, and to any payments made for the same, in the same manner which the registers by this act are directed to follow, in respect to applications made to Registers, never them for lands by other persons. The registers shall, nevertheir applications theless, note on the book of surveys or original plat, the apand payments, &c. plications and payments thus by them made, and their right to the pre-emption of any tract shall bear date from the day when their application for the same shall have been entered Applications for by the surveyor general in his own book. And if any perby others, if insist- son applying for any tract shall, notwithstanding be shall have entered by the re- received information from the register that the same has already been applied for by the said register, or by any other person, insist to make the application, it shall be the duty of the register to enter the same, noting in the margin that the Upon application, same tract is already purchased; but upon application of the withdraw, and ap- party, made in writing, and which he shall file, he may and ply in lieu, &c., shall, at any future time, enter under its proper date, that the

general, &c.

theless, to note

tracts applied for

ed on, &c., to be

gister, who is to note, &c.

&c., the party may

provided, &c.

The Secretary of

the Treasury Lo

regulations in the

party withdraws his former application, and applies in lieu thereof for any other tract: Provided, always, That the party shall never be allowed thus to withdraw his former application, and to apply in lieu thereof for another tract, except when the tract described in his former application shall have been applied for previous to the date of that his former application.

SEC. 11. And be it further enacted, That the Secretary prescribe further of the Treasury shall and may prescribe such further regumanner of keeping lations, in the manner of keeping books and accounts, by the several officers in this act mentioned, as to him may appear necessary and proper, in order fully to carry into effect the provisions of this act.

books, &c.

SEC. 12. And be it further enacted, That the registers of

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