« ZurückWeiter »
lic moneys to give
One per cent. to receivers, &c.
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 bonds, &c. upon the duties of his office, give bond, with approved se
curity, 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 ceipes
, &c., trans the moneys by them received, to the persons respectively paymoney received"ing the same; to transmit, within thirty days in case of pubin 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 re
ceived 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 *Chapter 42. river,"'* shall receive one per cent. on the money received,
as a compensation for clerk bire, receiving, safe keeping,
and transmitting it to the Treasury of the United States. The registers of the 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 rechickens in the main ceive 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
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
bis duty to inform the party applying for any one tract, whether the same has already been entered, purchased, or
land ofhces to re
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 pro the date of each application, if the party shall not have payment of one within that time produced to him a receipt of the payment of months
, the regisone 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 receipt, &c., entry 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 hiin 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 defestane discouin; provisions of the fourth section of this act; and upon the &c. payment being completed and the account finally settled, he ment, a certificate shall give a certificate of the same to the party; and on pro
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- & the Presiden, 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.*
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 the sales upon the 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, Lc.
Upon final settle
to be given, &c.
*Altered. See act of 25th April, 1812,
The registers to transmit lo the
Registers not to en.
surveyor general, &c.
in presence of the register, for the inspection of any individual applying for the same and paying the proper see.
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 of tracis applied
eral, an account of the several tracts applied for, of the sev. eral tracts for which the payment of one fourth part of the purchase-money has been made, of the several tracts which
have reverted io the United States on failure of the said pay. An 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, led, &r
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 bave been paid.
Sec. 10. And be il further enacted, That the registers lichioing 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
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 pertracts applied for by others, if insist- son applying for any tract shall, notwithstanding he shall have c
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 a party, made in writing, and which he shall file, he may and provided bed, &c, shali, at any future time, enter under its proper date, that 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 bis former ap
plication. The Secretary of Sec. 11. And be it further enacted, That the Secretary prescribe fürther 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.
Sec. 12. And be it further enacted, That the registers of
entered by the register, who is to nole, &c.
pay. able by the par
the land offices, respectively, shall be entitled to receive from Allowance of one the Treasury of the United States one half per cent. on all gisters, &c. the moneys expressed in the receipts by them filed and entered, and of which they shall have transmitted an account to the Secretary of the Treasury, as directed by this act; and they shall further be entitled to receive, for their own use, from the respective parties, the following fees for ser- ties, &c. vices rendered, that is to say :* for every original application See act of March for land, and a copy of the same, for a section three dollars, chapter 69. for a half section two dollars; for every certificate stating that the first fourth part of the purchase-money is paid, twentyfive cents; for every subsequent receipt for moneys paid, twenty five cents; for the final settlement of account, and giving the final certificate of the same, one dollar; for every copy, either of an application or of the description of any section or half section, or of the plat of the same, or of any entry made on their books, or of any certificate heretofore given by them, twenty-five cents for each ; and for any general inspection of the book of surveys, or general plat, made in their presence, twenty-five cents.
SEC. 13. And be it further enacted, That the superintend- Superintendents of ents of the public sales to be made by virtue of this act, and ceive five dollars the superintendents of the sales which have taken place by gaged, &c. virtue of the act entitled “An act 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,”! Chapter 42. shall receive five dollars a day for every day whilst engaged in that business; and the accounting officers of the Treas- A reasonable al ury are hereby authorized to allow a reasonable compensa- intendents, for sta
tionery, clerk hire, tion for books, stationery, and clerk hire, in settling the ac- &c. counts of the said superintendents.
SEC. 14. And be it further enacted, that the fee to be Fees for patents to paid for each patent, for half a section, shall be four dollars, by the receiver, and for every section five dollars, to be accounted for by the receiver of the same.
. Sec. 15. And be it further enacted, That the lands of the chapter 69, post. United States reserved for future disposition may be let upon may be let upon leases by the surveyor general, in sections or half sections,
leases, &c. for terms not exceeding seven years, on condition of making such improvements as he shall deem reasonable.
Sec. '16. And be it further enacted, That each person Persons who have who, before the passing of this act, shall have erected, or be- erected, or begun gun to erect, a grist mill or saw mill upon any of the lands saw mills, entitled herein directed to be sold, shall be entitled to the pre-emp- provided, &c. tion of the section including such mill, at the rate of two dollars per acre: Provided, The person, or his heirs, claiming such right of pre-emption, shall produce to the register of the land office satisfactory evidence that he or they are entitled thereto, and shall be subject to and comply with the regulations and provisions by this act prescribed for other purchasers. (1)
(1) See Part II, Nos. 15, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 155.
So much of the act Sec. 17. And be it further enacted, That so much of the mentioned, repealed “act providing for the sale of the lands of the United States
in the Territory northwest of the river Obio, and above the *Chapter 42
mouth of Kentucky river,"'* as comes within the purview of this act, be, and the same is hereby, repealed.
Approved, May 10, 1800
[See Part II, Nos. 13, 64, 70, 153, 154, 156, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171, 173, 174, 175, 184, 187, 188, 194, 195, 196, 202, 210, 211, 217, 227, 228, 231, 240, 251, 297, 298, 299, 300, 311, 313, 318, 322, 324, 342, 348, 357, 358, 395, 416, 420, 440, 486, 612, 623, 728, 729, 732, 733, 735, 736, 738, 739, 740, 742, 743, 744, 745, 746, 747, 748, 758, 759, 760, 777, 781, 785, 794, 801, 802, 803, 804, 805, 806, 807, 809, 810, 819, 824, 835, 838, 900, 905, 908, 912, 944, 948, 962, 980, 996.]
CHAP. 55. -An act to authorize the issuing certain patents.t
See act of March 3, 18, chap 89.
Sec. 1. Be it enacted by the Senate and House of Repre
sentatives of the United States of America in Congress asPatents may issue sembled, That it shall be lawful, and the proper officer is within the territo hereby authorized, to issue patents on surveys which have en reserved by War: been or may be made within the territory reserved by the ranig for military State of Virginia, northwest of the river Ohio, and being pursuance of reso part of her cession to Congress, on warrants for military sergislature of that vices, issued in pursuance of any resolution of the LegislaState, &c.
ture of that State, previous to the passing of this act, in fa
vor of persons who had served in the Virginia line on the Proviso as to the continental establishment: Provided, That the whole
quanne patented, and tity of land for which patents shall issue, by virtue of this the deposite of sur act, shall not exceed sixty thousand acres; and that the sur
veys aforesaid shall be completed and deposited in the office of the Secretary of War on or before the first day of De
cember, one thousand eight hundred and three : And proProviso; this act vided, also, That this act shall not give any force or validity 10 entries, &c. in to the entries, locations, or surveys, heretofore made in pursons claiming un- suance of these warrants, so far as such entries, locations, or
surveys, interlere in any manner with those of persons claiming the same lands under entries, locations, or surveys, heretofore made in pursuance of warrants granted by the State of Virginia to the officers and soldiers in the line of
that State on continental establishment. In case of eviction, Sec. 2. And be it further enacted, That in every case of withdrawn and en interfering claims, under military warrants, to lands within
the territory so reserved by the State of Virginia, when either party to such claims shall lose, or be evicted from, the land, every such party shall have a right, and hereby is authorized, to withdraw his, her, or their warrant, respectively, to the amount of such loss or eviction, and to enter, sur. vey, and patent the same, on any vacant land within the
der entries heretofore made, &c.
tered elsewhere, &c.