granted. which, they shall be postponed in locating such warrants, to all other and patents persons holding registered warrants: And the patents for all lands located under the authority of this act, shall be granted in the manner directed by the before-mentioned act, without requiring any fee therefor. SEC. 3. And be it further enacted, That after the time limited for makpersons ing the locations, as aforesaid, any person or persons holding warrants, holding war of the before-mentioned description, sufficient to cover any one or more tracts, as aforesaid, shall be at liberty to make their locations, on any tract or traces not before located. Privilege certain rants. to Lands unlo SEC. 4. And be it further enacted, That all the lands set apart by the cated after the first section of this act, which shall remain unlocated on the first day 1st January to of January, in the year one thousand eight hundred, shall be released be at disposition from the said reservation, and shall be at the free disposition of the of United States. United States, in like manner as any other vacant territory of the United Claims limited. States. And all warrants or claims for lands on account of military services, which shall not, before the day aforesaid, be registered and located, shall be forever barred. (b) among Gospel Three tracts SEC. 5. And be it further enacted, That the said surveyor-general be, to be surveyed and he is hereby, required to cause to be surveyed three several tracts for Society for of land, containing four thousand acres each, at Shoenbrun, Gnadenpropagating the hutten, and Salem; being the tracts formerly set apart, by an ordinance of Congress of the third of September, one thousand seven hundred and eighty-eight, for the Society of United Brethren for propagating the Gospel among the Heathen; and to issue a patent or patents for the said three tracts to the said society, in trust, for the uses and purposes in the said ordinance set forth. (c) Reservations. SEC. 6. And be it further enacted, That all navigable streams or rivers within the territory to be disposed of, by virtue of this act, shall be deemed to be and remain public highways. And that, in all cases, where the opposite banks of any stream not navigable shall belong to different persons, the stream and the bed thereof shall be common to both. (d) April 7, 1798. Notice to be Treasury claimants. No. 12a.-AN ACT for the relief of the refugees from the British provinces of SECTION 1. Be it enacted, &c, That to satisfy the claims of certain given by the Sec. persons claiming lands under the resolutions of Congress, of the twentyretary of the third of April, one thousand seven hundred and eighty-three, and the to thirteenth of April, one thousand seven hundred and eighty-five, as refugees from the British provinces of Canada and Nova Scotia, the Secretary for the Department of War be, and is hereby authorized and directed to give notice in one or more of the public papers, of each of the States of Vermont, Massachusetts, New York, New Hampshire, and Pennsylvania, to all persons having claims under the said resolutions, to transmit to the War Office, within two years after the passing of this act, a just and true account of their claims to the bounty of Congress. SEC. 2. And be it further enacted, That no other persons shall be entitled What description of persons to the benefit of the provisions of this act, than those of the following shall be entitled descriptions, or their widows and heirs, viz: First, those heads of famito the benefit of lies, and single persons, not members of any such families, who were residents in one of the provinces aforesaid, prior to the fourth day of July, one thousand seven hundred and seventy-six, and who abandoned their settlements, in consequence of having given aid to the United Colonies or States, in the revolutionary war against Great Britain, or with intention to give such aid, and continued in the United States, or in their service, during the said war, and did not return to reside in the dominions of the king of Great Britain, prior to the twenty-fifth of November, one thousand seven hundred and eighty-three. Secondly, the widows and heirs of all such persons as were actual residents, as aforesaid, who abandoned their settlements as aforesaid, and died within the United States, or in their service, during the said war: And thirdly, this act. Before whom all persons who were members of families at the time of their coming into the United States, and who, during the war, entered into their service. SEC. 3. And be it further enacted, That the proof of the several circumstances necessary to entitle the applicants to the benefits of this act, proof of facts may be taken before a judge of the Supreme or district court of the may be taken. United States, or a judge of the supreme or superior court, or the first justice or first judge of the court of common pleas or county court of any State. troller of the In what man SEC. 4. And be it further enacted, That at the expiration of fifteen Secretary of months from and after the passing of this act, and from time to time War and Secre thereafter, it shall be the duty of the Secretary for the Department of tary and CompWar to lay such evidence of claims as he may have received, before the Treasury to exSecretary and Comptroller of the Treasury, and with them, proceed to amine and report examine the testimony, and give their judgment what quantity of land upon the claims. ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices and sufferings, in consequence of their attachment to the cause of the United States; allowing to those of the first class, a quantity not exceeding one thousand acres; and to the last class, a quantity not exceeding one hundred, making ner their judg such intermediate classes as the resolutions aforesaid, and distributive ment thereon is to be regulated. justice, may, in their judgment, require; and make report thereof to Congress. And in case any such claimant shall have sustained such losses and sufferings, or performed such services for the United States, that he cannot justly be classed in any one general class, a separate report shall be made of his circumstances, together with the quantity of land that ought to be allowed him, having reference to the foregoing ratio: Provided, That in considering what compensation ought to be made by virtue of this act, all grants, except military grants, which may have been made by the United States, or individual States, shall be considered at the just value thereof, at the time the same were made, respectively, either in whole or in part, as the case may be, a satisfaction to those who may have received the same: Provided also, That no claim under this law shall be assignable until after report made to signable until Congress, as aforesaid, and until the said lands be granted to the persons intitled to the benefit of this act. Claims not as grants are made. SEC. 5. Be it further enacted, That all claims, in virtue of said resolu- Limitation of tions of Congress, which shall not be exhibited as aforesaid, within the claims. time by this act limited, shall forever thereafter be barred. (a) (a) See Nos. 23, 33, 33a, 50a, 55, 80. No.13.-AN ACT to authorize a grant of lands to Stephen Monot, and others, iuhabitants of Galliopolis, therein named. June 25, 1798. &e. To be divided Vol. 6, p. 35. Be it enacted, &c., That it shall be the duty of the surveyor-general Survey to be of the Northwestern Territory, to survey one thousand two hundred made of 1200 acres of land, beginning on the bank of the Ohio River, at the lower acres of land. corner of a tract surveyed pursuant to an act of Congress, entitled "An act to authorize a grant of lands to the French inhabitants of Galliopolis, and for other purposes therein mentioned," and running thence down said river along the courses thereof, six hundred and forty poles when reduced to a straight line, thence extending back from the river and parallel to the lower line of the said grant so far as to include the quantity aforesaid. And the said surveyor-general shall, by lines plainly marked upon trees, divide the said tract into eight equal parts or lots, having each as nearly as may be, an equal front on the river, and des- into eight parts, ignated by progressive numbers, marked on the corners thereof. And the surveyor-general, when the said lots are laid off and numbered as aforesaid, shall distribute or assign the same by lot, to Stephen Monot, Lewis Anthony Carpentier, Lewis Vimont, Francis Valton, Lewis Philip, A. Fichon, Anthony Maquet, Margaret G. C. Champaigne, wife of Peter A. Laforge, and Maria I. Dalliez, wife of Peter Luc, and to their heirs, being inhabitants of Galliopolis, who were prevented from obtaining their proportion of the land granted by the act aforesaid. The said Plats surveyor-general shall also make out a fair plat of the said tract, and made shall designate thereon the said lots marked each with the name of the tract and lots. person to whom the same shall have been assigned by lot as aforesaid, which plat with a certificate of the bounds and courses of the said tract and lots he shall record in his office, and return a copy thereof to the Secretary of State, to be filed in his office. to be of the to be therefor. Letters-patent SEC. 2. And be it further enacted, That the President of the United issued States be, and he is hereby authorized and empowered to issue letterspatent in the usual form, thereby granting to the persons above named, and to their heirs, the said tract of land to be held by them and their heirs in severalty, in lots designated, numbered and marked as aforesaid. vate Saving of pri- SEC. 3. And be it further enacted, That nothing in this act shall be contracts taken or considered in any manner to affect the claims of the persons the herein named against any person or persons, for or by reason of any contracts heretofore made by them, but that the same contracts shall be and remain in the same state as if this act had not passed. (a) (a) See Nos. 9, 40. July 16, 1792. No. 14.-AN ACT authorizing the grant and conveyance of a certain lot of ground to Vol. 6, p. 36. Sec'y Treasury Be it enacted, &c., That the Secretary of the Treasury be, and he hereby authorized to sell is authorized to contract with Elie Williams, for the sale of a certain a certain lot of lot of ground, twenty perches in length, and sixteen perches in breadth, ground. situate in the town of Cincinnati, in the territory northwest of the Ohio, it being the same lot on which certain buildings were erected by the said Elie Williams and Robert Elliot, deceased, when contractors for supplying the western army with provisions. SEC. 2. And be it further enacted, That on payment into the Treasury of the United States of such sum or sums of money as shall have been agreed upon between the said Elie Williams and the Secretary of the Treasury, as the price of the above mentioned lot, the President of the United States be, and he is hereby authorized to grant a patent for the same, to the said Elie Williams, his heirs or assigns. March 2, 1799. Repeal. No. 15.-AN ACT to amend the act intituled "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." SECTION 1. Be it enacted, &c., That the fourth section of an act, intituled "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," be, and the same is hereby repealed. Lands unlo- SEC. 2. And be it further enacted, That all the lands set apart by the cated Jan. 1, 1802, first section of the above-mentioned act, which shall remain unlocated to be subject to on the first day of January, in the year one thousand eight hundred sale. and two, shall be released from the said reservation, and shall be at the free disposition of the United States, in like manner as any other vacant territory of the United States. And that all warrants or claims for lands on account of military services, which shall not, before the day aforesaid, be registered and located, shall be forever barred. (a) (a) See Nos. 12, 17, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. Limitation. March 2, 1799. Contractors ments. No.16.-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 Ohio; and for giving a pre-emption to certain purchasers and settlers. SECTION 1. Be it enacted, &c., That any person or persons, who before with John C. the first day of April, in the year one thousand seven hundred and Symmes to have a right of preninety-seven, had made any contract or contracts, in writing, with emption, on mak- John Cleves Symmes, for the purchase of lands between the Great ing certain pay- 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 States, as follows: one-third part of the purchase money, on or before the first day of September next; one other 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, intituled "An act for pro viding 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. (a) sers. SEC. 2. And be it further enacted, That each and every person claiming Notice to be the benefit of this act, shall, on or before the first day of September next, given by purcha 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. And Right of preif any person shall neglect to give the said notice, or shall fail in mak-emption may be lost, &c. ing the first payment, as before directed, all 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. SEC. 3. And be it further enacted, That the surveyor-general shall, as soon as may be, after the receipt of the notice 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 contractors 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 lands to be surveyed. Purchasers with the expense SEC. 4. And be it further enacted, That it may be lawful for the Secretary of the Treasury to credit the said purchasers with such reasonable may be credited sum or sums of money as have been expended in surveying the said of surveying. land; provided the same does not exceed the sums allowed by the United States to their own surveyors for the like services. be received of in SEC. 5. And be it further enacted, That the evidences of the public Evidences debt of the United States shall be receivable in payment for the said public debt may lands, agreeably to the directions of an act, intituled "An act to author- payment. ize the receipt of evidences of the public debt in payment for the lands of the United States." (b) (a) See No. 11. (b) See Nos. 4, 6, 25, 30, 31, 32, 36, 133, 170, 181. No. 17.—AN ACT giving further time to the holders of military warrants, to regis. Feb. 11, 1800. ter, and locate the same. Vol. 2, p. 7. Time extended Be it enacted, &c., That the Secretary of the Treasury shall, for the space of fourteen days after the expiration of the nine months hereto- for registering fore allowed for that purpose, by the act, intituled "An act regulating warrants. the grants of land, appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," register warrants for military services in the form and man ner as is prescribed by the said recited act; and the priority of location Priority of lo of said warrants, and the warrants registered under the said recited act cation to be deshall be determined by lot, immediately after the expiration of the said termined by lot. fourteen days, and a day for the location shall be fixed by the Secretary of the Treasury, in a public notice given in one of the gazettes of the city of Philadelphia. (a) (a) See Nos. 12, 15, 18, 27, 32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. No. 18.-AN ACT in addition to an act intituled "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." March 1, 1800. Points of interof the lines actually run are to be consid SECTION 1. Be it enacted, &c., That the respective points of intersection of the lines actually run, as the boundaries of the several town section ships surveyed by virtue of the act intituled "An act regulating the grants of land appropriated for military services and for the Society ered as the corof the United Brethren for propagating the Gospel among the Hea- ners then," accordingly as the said lines have been marked and ascertained ships. 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 of town Boundaries of tain four thousand acres. with the plat of the survey which has been returned by the surveyorgeneral, shall be considered, and they are hereby declared to be the corners of the said townships: That in regard to every such township quarter town- as by the plat and survey returned by the surveyor-general is stated ships, where they to contain four thousand acres in each quarter thereof, the points on are stated to con- each of the boundary lines of such township, which are at an equal 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 quarters of such township; that the other boundary lines of the said quarter townships shall be straight lines run from each of the last-mentioned corners of quarter townships to the Boundaries of Corner of quarter townships on the opposite boundary line of the same quarter town- township; and that in regard to every such township as by the said reships, where they turn is stated to contain in any of the quarters thereof more or less than are stated to con- the quantity of four thousand acres, the corners marked in the boundary than four thou lines of such township to designate the quarters thereof, shall be considered and they are hereby declared to be the corners of the quarter townMethod of run. ships thereof, although the same may be found at unequal distances from ning lines. the respective corners 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 the said township or not; and that each of the said quarter townships thus bounded, shall, in every proceeding to be had under the above-mentioned or this act, be considered as containing the exact quantity expressed in the plat and survey thereof returned by the surveyor-general. (a) tain more or less sand acres. Locations may the holders SEC. 2. And be it further enacted, That it shall be lawful for the probe made on the prietors or holders of warrants for military services, which have been, or general tract by shall be registered at the Treasury in pursuance of the act intituled "An warrants for mil- act regulating the grants of land appropriated for military services, and itary services. 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 Certain frac- part of a quarter township, in the general tract mentioned and described tional quarter in said act: Provided always, That the fractional quarter townships upon townships to be the river Sciota, and those upon the river Muskingum adjoining the thousand acres. grant made to Ebenezer Zane, or the towns Salem, Gnadenhutten, or Shoenbrun, or the Indian boundary line, shall in every case be accepted and taken in full satisfaction for four thousand acres. (b) taken for four When locations SEC. 3. And be it further enacted, That whenever locations shall be are made on made on any quarter township, which, according to the actual survey quarter townships stated to and plat thereof, returned by the surveyor-general, is stated to contain contain less than less than the quantity of four thousand acres, except in the case of fracfour thousand tions provided for in the preceding section, it shall be lawful for the acres, the Secre- Secretary of the Treasury to issue, or cause to be issued, certificates, tary of Treasury expressing the number of acres remaining unsatisfied of any registry of tificates to be is. warrants for the quantity of four thousand acres, made in pursuance of sued for the defi- the act before recited, which certificates shall have the same validity and ciency. shall cause cer What is to be effect, and be liable to be barred in like manner as warrants granted for military services, but no certificate shall be granted, nor any claim allowed for less than fifty acres, nor for the navigable water contained within the limits of any quarter township or fractional quarter township. SEC. 4. And be it further enacted, That whenever a location shall be done when they made on any quarter township, which, according to the actual survey are made on and plat thereof, returned by the surveyor-general, is stated to exceed quarter townships stated to the quantity of four thousand acres, no patent shall be issued in pursucontain more ance thereof, until the person making such location, shall deposit at than four thou- 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 Land at two of the United States two dollars per acre, in the certificates of the six dollars per acre. per cent. funded debt of the United States, or money, for each acre of Reservations the excess above four thousand acres as aforesaid.(c) for satisfying SEC. 5. And be it further enacted, That after the priority of location shall have been determined, and after the proprietors or holders of warfor their services. rants for military services shall have designated the tracts by them re and acres. warrants granted individuals to |