To be endorsed counter affixed to such letters-patent the Secretary of the Department of War shall have endorsed thereon that the grantee therein named or the per- by Secretary of son under whom he claims was originally entitled to such bounty lands, War. and every such letters-patent shall be countersigned by the Secretary And of State and a minute of the date thereof, and the name of the grantee signed by Secre shall be entered of record in his office in a book to be specially provided for that purpose. (a) (a) See Nos. 1, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. tary of State, &o. No. 9.-AN ACT to authorize a grant of lands to the French inhabitants of Galliopolis, and for other purposes therein mentioned. March 3, 1795. Vol. 1, p. 442. President to SECTION 1. Be it enacted, &c., That the President of the United States shall be and he is hereby authorized and empowered to cause to be sur- cause a certain veyed, in the territory northwest of the Ohio, a tract of land situate on tract of land to the northerly bank of the river Ohio, beginning one mile and a half on be surveyed. a straight line above the mouth of Little Sandy, thence down the said river Ohio along the courses thereof eight miles when reduced to a straight line thence at right angles from each extremity of the said line so as to include the quantity of twenty-four thousand acres of land to be disposed as herein after directed. the SEC. 2. And be it further enacted, That the President be authorized to To cause cause to be ascertained the number of French inhabitants and actual French inhabitants of Galliosettlers of the town or settlement of Galliopolis, being males above polis to be enueighteen years of age or widows who are or shall be within the said merated. town or settlement of Galliopolis on the first day of November next. John G. Gervais SEC. 3. And be it further enacted, That the President of the United Letters patent States shall be and he is hereby authorized and empowered to issue letters- to be issued to patent in the name and under the seal of the United States, thereby grant- for a tract of said ing to John Gabriel Gervais, and his heirs, four thousand acres of land, land on condition. part of the said twenty-four thousand acres to be located on the northwest bank of the river Ohio opposite to the mouth of the Little Sandy, with condition in the said letters-patent that if the said John Gabriel Gervais or his heirs shall not personally within three years from the date of the same patent settle on the same tract of land, and there continue settled for three years next thereafter, the same letters-patent shall be void and determine, and the title thereof revest in the United States as if this law had not passed. Patents to is SEC. 4. And be it further enacted, That the President of the United Remainder to be distributed States shall be and he is hereby authorized and empowered to cause to among the actual be surveyed, laid off and divided, the remaining twenty thousand acres settlers of Galof land, residue of the twenty-four thousand acres, into as many lots liopolis. or parts as the actual settlers of Galliopolis shall on the ascertainment aforesaid amount to, and the same to be designated, marked and numbered on a plat thereof to be returned to the secretary of the said territory, together with a certificate of the courses of the said lots, the said lots or parts of the aforesaid tract, to be assigned to the settlers aforesaid by lot. And the President of the United States is hereby authorized and empowered to issue letters-patent as aforesaid to the said actual sue. settlers and their heirs for the said twenty thousand acres, to be held by them in severalty in lots to be designated and described by their numbers on the plat aforesaid, with condition in the same letters-patent On condition. that if one or more of the said grantees his or her heirs or assigns shall not within five years from the date of the same letters make or cause and procure to be made an actual settlement on the lot or lots assigned to him, her or them, and the same continue for five years thereafter, that then the said letters-patent so far as concerns the said lot or lots not settled and continued to be settled as aforesaid shall cease and determine and the title thereof shall revest in the United States in the same manner as if this law had not passed. SEC. 5. And be it further enacted, That nothing in this act shall be taken or considered in any manner to impair or affect the claims of the said settlers 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 law had not passed. (a) (a) See Nos. 13, 40. Settlers' claims against contrac tors not to be impaired. May 17, 1796. to Zane. Ebenezer No. 10.—AN ACT to authorize Ebenezer Zane to locate certain lands in the territory of the United States northwest of the river Ohio. Be it enacted, &c., That, upon the conditions hereinafter mentioned, Grant of land there shall be granted to Ebenezer Zane three tracts of land, not exceeding one mile square each, one on the Muskingum River, one on Hock hocking River, and one other on the north bank of Sciota River, and in such situations as shall best promote the utility of a road to be opened by him on the most eligible route between Wheeling and Limestone, to be approved by the President of the United States, or such person as he shall appoint for that purpose; Provided, Such tracts shall not interfere with any existing claim, location, or survey; nor include any salt spring, nor the lands on either side of the river Hock hocking at the falls thereof. Proviso Ebenezer Zane SEC. 2. And be it further enacted, That upon the said Zane's procurto procure the ing, at his own expense, the said tracts to be surveyed, in such way tracts to be sur and manner as the President of the United States shall approve, and reveyed at his own turning into the Treasury of the United States plats thereof, together expense, &c. with warrants granted by the United States for military land-bounties, to the amount of the number of acres contained in the said three tracts; and also, producing satisfactory proof, by the first day of January next, that the aforesaid road is opened, and ferries established upon the rivers aforesaid, for the accommodation of travellers, and giving security that such ferries shall be maintained during the pleasure of Congress; the President of the United States shall be, and he hereby is, authorized and empowered to issue letters-patent, in the name and under the seal of the United States, thereby granting and conveying to the said Zane, and his heirs, the said tracts of land located and surveyed as aforesaid; which patents shall be countersigned by the Secretary of State, and recorded in his office: Provided always, That the rates of ferriage, at such ferries, shall, from time to time, be ascertained by any two of the judges of the territory northwest of the river Ohio, or such other authority as shall be appointed for that purpose. (a) Proviso. (a) See No. 18. May 18, 1796. A surveyor er and duties. No. 11.-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. SECTION 1. Be it enacted, &c.-That a surveyor-general shall be apgeneral to be appointed, whose duty it shall be to engage a sufficient number of skilpointed; his pow. ful surveyors, as his deputies; whom he shall cause, without delay, to survey and mark the unascertained outlines of the lands lying northwest of the river Ohio, and above the mouth of the river Kentucky, in which the titles of the Indian tribes have been extinguished, and to divide the same in the manner hereinafter directed; he shall have authority to frame regulations and instructions for the government of his deputies; to administer the necessary oaths, upon their appointments; and to remove them for negligence or misconduct in office. The lands how laid out, &c. SEC. 2. Be it further enacted, That the part of the said lands, which to be surveyed, has not been already conveyed by letters-patent, or divided, in pursuance of an ordinance in Congress, passed on the twentieth of May, one thousand seven hundred and eighty-five, or which has not been heretofore, and during the present session of Congress may not be appropriated for satisfying military land-bounties, and for other purposes, shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of the late Indian purchase, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers may render it impracticable; and then this rule shall be departed from no further than such particular circumstances may require. The corners of the townships shall be marked with progressive numbers from the beginning; each distance of a mile between the said corners shall be also distinctly marked with marks different from those of the corners. One half of the said townships, taking them alternately, shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same each way, parallel lines, at the end of every two miles; and by marking a corner, on each of the said lines, at the end of every mile; the sections shall be numbered respectively, beginning with the number one, in the northeast section, and proceeding west and east alternately, through the town ship with progressive numbers, till the thirty-sixth be completed. And it shall be the duty of the deputy surveyors, respectively, to cause to be marked, on a tree near each corner made, as aforesaid, and within the section, the number of such section, and over it, the number of the township, within which such section may be; and the said deputies shall carefully note, in their respective field-books, the names of the corner trees marked, and the numbers so made: The fractional parts of townships shall be divided into sections, in manner aforesaid, and the fractions of sections shall be annexed to, and sold with, the adjacent entire sections. All lines shall be plainly marked upon trees, and measured with chains, containing two perches of sixteen feet and one-half each, subdivided into twenty-five equal links, and the chain shall be adjusted to a standard to be kept for that purpose. Every surveyor shall note in his field-book the true situations of all mines, salt licks, salt springs and mill-seats, which shall come to his knowledge; all water-courses, over which the line he runs shall pass; and also the quality of the lands. These field-books shall be returned to the surveyor-general who shall therefrom cause a description of the whole lands surveyed, to be made out and transmitted to the officers who may superintend the sales: He Plat of townshall also cause a fair plat to be made of the townships, and fractional ships and frac parts of townships, contained in the said lands, describing the subdivi- tional parts to be sions thereof, and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; a copy thereof shall be kept open at the surveyor-general's office, for public information; and other copies sent to the places of the sale, and to the Secretary of the Treasury. (a) SEC. 3. Be it further enacted, That a salt spring lying upon a creek Reservations which empties into the Sciota River, on the east side, together with as for the future many contiguous sections as shall be equal to one township, and every United States. disposal of the other salt spring which may be discovered, together with the section of one mile square which includes it, and also four sections at the centre of every township, containing each one mile square, shall be reserved, for the future disposal of the United States; but there shall be no reservations, except for salt springs, in fractional townships, where the fraction is less than three-fourths of a township. (b) made. surveyor-gen SEC. 4. Be it further enacted, That whenever seven ranges of town- Sections of 640 ships shall have been surveyed below the Great Miami, or between the acres (except resSciota River and the Ohio Company's purchase, or between the southern sold at vendue, ervations) to be boundary of the Connecticut claims and the ranges already laid off, be- by the governor ginning upon the Ohio River and extending westwardly, and the plats or secretary of thereof made and transmitted, in conformity to the provisions of this the western teract, the said sections of six hundred and forty acres (excluding those gry, and the hereby reserved) shall be offered for sale, at public vendue, under the eral. direction of the governor or secretary of the western territory, and the surveyor-general: such of them as lie below the Great Miami shall be sold at Cincinnati; those of them which lie between the Sciota and the Ohio Company's purchase, at Pittsburg; and those between the Connecticut claim and the seven ranges, at Pittsburg. And the townships remaining undivided shall be offered for sale, in the same manner, at the townships to be seat of government of the United States, under the direction of the Sec- sold in like manner by the Secreretary of the Treasury, in tracts of one quarter of a township lying at tary of the Treas the corners thereof, excluding the four central sections, and the other ury. reservations before mentioned: Provided always, That no part of the, No part of the lands directed by this act to be offered for sale, shall be sold for less for less than two than two dollars per acre. Undivided lands to be sold dollars per acre. SEC. 5. Be it further enacted, That the Secretary of the Treasury, Secretary of after receiving the aforesaid plats, shall forthwith give notice, in one Treasury to give notice of the newspaper in each of the United States, and of the territories north- times of sale, &c. west and south of the river Ohio, of the times of sale; which shall, in no case, be less than two months from the date of the notice; and the sales at the different places shall not commence, within less than one month of each other: And when the governor of the western territory, or Secretary of the Treasury, shall find it necessary to adjourn, or suspend the sales under their direction, respectively, for more than three days, at any one time, notice shall be given in the public newspapers, of such suspension, and at what time the sales will re-commence. SEC. 6. Be it further enacted, That immediately after the passing of Certain this act, the Secretary of the Treasury shall, in the manner herein before lands to be sold. directed, advertise for sale, the lands remaining unsold in the seven ranges of townships, which were surveyed, in pursuance of an ordinance other &c. of Congress, passed the twentieth of May, one thousand seven hundred and eighty-five, including the lands drawn for the Army, by the late Secretary of War, and also those heretofore sold, but not paid for; the townships which by the said ordinance, are directed to be sold entire, shall be offered for sale, at public vendue in Philadelphia, under the direction of the Secretary of the Treasury, in quarter townships, reserving the four centre sections, according to the directions of this act. The townships, which, by the said ordinance, are directed to be sold in sections, shall be offered for sale at public vendue, in Pittsburg, under the direction of the governor or secretary of the western territory, and such person as the President may specially appoint for that purpose, by sections of one mile square each, reserving the four centre sections, as aforesaid; and all fractional townships shall also be sold in sections, at Pittsburg, in the manner, and under the regulations provided by this act, for the sale of fractional townships: Provided always, That nothing in this act shall authorize the sale of those lots, which have been heretofore reserved in the townships already sold. Mode of paySEC. 7. Be it further enacted, That the highest bidder for any tract ment and of ob. of land, sold by virtue of this act, shall deposit, at the time of sale, onetaining a patent, twentieth part of the amount of the purchase money; to be forfeited, if a moiety of the sum bid, including the said twentieth part, is not paid within thirty days, to the Treasurer of the United States, or to such person as shall be appointed by the President of the United States, to attend the places of sale for that purpose; and upon, payment of a moiety of the purchase money, within thirty days, the purchaser shall have one year's credit for the residue; and shall receive from the Secretary of the Treasury, or the governor of the western territory, (as the case may be) a certificate describing the land sold, the sum paid on account, the balance remaining due, the time when such balance becomes payable; and that the whole land sold will be forfeited, if the said balance is not then paid; but 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: And on payment of the said balance to the Treasurer, within the specified time, and producing to the Secretary of State a receipt for the same, upon the aforesaid certificate, the President of the United States is hereby authorized to grant a patent for the lands to the said purchaser, his heirs or assigns: And all patents shall be countersigned by the Secretary of State, and recorded in his office. But if there should be a failure in any payment, the sale shall be void, all the money theretofore paid on account of the purchase shall be forfeited to the United States, and the lands thus sold shall be again disposed of, in the same manner as if a sale had never been made: Provided nevertheless, That should any purchaser make payment of the whole purchase money at the time when the payment of the first moiety is directed to be made, he shall be entitled to a deduction of ten per centum on the part, for which a credit is hereby directed to be given; and his patent shall be immediately issued. Entries to be SEC. 8. Be it further enacted, That the Secretary of the Treasury, and made of the date the governor of the territory northwest of the river Ohio, shall reof sales, &c. spectively, cause books to be kept, in which shall be regularly entered, an account of the dates of all the sales made, the situation and numbers of the lots sold, the price at which each was struck off, the money deposited at the time of sale, and the dates of the certificates granted Governor or to the different purchasers. The governor, or secretary of the said tersecretary to ritory shall, at every suspension or adjournment, for more than three transmit copies at certain times. days, of the sales under their direction, transmit to the Secretary of the Treasury, a copy of the said books, certified to have been duly examTracts sold to ined and compared with the original. And all tracts sold under this be noted on the act, shall be noted upon the general plat, after the certificate has been general plat. granted to the purchaser. (c) Navigable riv- SEC. 9. And be it further enacted, That all navigable rivers, within the ers to be public territory to be disposed of by virtue of this act, shall be deemed to be, highways. and remain public highways: And that in all cases, where the oppoStreams not site banks of any stream, not navigable, shall belong to different navigable, to be persons, the stream and the bed thereof shall become common to common proper- both. (d) ty. Compensation SEC. 10. And be it further enacted, That the surveyor-general shall reof surv.-general. ceive for his compensation, two thousand dollars per annum; and that to of assistant sur the President of the United States may fix the compensation of the as- President sistant surveyors, chain-carriers and axe-men: Provided, That the whole fix compensation expense of surveying and marking the lines, shall not exceed three dollars per mile, for every mile that shall be actually run or sur- Expense not to veyed. veyors. exceed $3 for Regulation of SEC. 11. And be it further enacted, That the following fees shall be paid every mile surfor the services to be done under this act, to the Treasurer of the United veyed. States, or to the receiver in the western territory, as the case may be ; fees to be paid. for each certificate for a tract containing a quarter of a township, twenty dollars; for a certificate for a tract containing six hundred and forty acres, six dollars; and for each patent for a quarter of a township, twenty dollars; for a section of six hundred and forty acres, six dollars: And the said fees shall be accounted for by the receivers, respectively. Oath to be tak &c. SEC. 12. And be it further enacted, That the surveyor-general, assistant surveyors, and chain-carriers, shall, before they enter on the several en by the surduties to be performed under this act, severally take an oath or affirma- veyor-general, tion, faithfully to perform the same; and the person, to be appointed The person to to receive the money on sales in the western territory, before he shall be appointed to receive any money under this act, shall give bond with sufficient secu- receive the monrity, for the faithful discharge of his trust: That, for receiving, safe- territory to give ey in the western keeping, and conveying to the Treasury the money he may receive, he bond, &c. shall be entitled to a compensation to be hereafter fixed. (a) See Nos. 12, 13, 21, 23, 25, 32, 36, 37, 42, 65, 76, 79, 81, 102, 119, 158. (b) See Nos. 28, 73, 76, 79, 105. (c) See Nos. 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 90, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. (d) See No. 12. No. 12.-AN ACT regulating the grants of land appropriated for military services, and for the Society of United Brethren, for propagating the Gospel among the Heathen. June 1, 1796. eral to cause cer SECTION 1. Be it enacted, &c., That the surveyor-general be, and he is Surveyor-genhereby required, to cause to be surveyed, the tract of land beginning tain lands to be at the northwest corner of the seven ranges of townships, and running surveyed. thence fifty miles due south, along the western boundary of the said ranges; thence due west to the main branch of the Scioto River; thence up the main branch of the said river, to the place where the Indian boundary line crosses the same; thence along the said boundary line, to the Tuscaroras branch of the Muskingum River, at the crossing-place above Fort Lawrence; thence up the said river, to the point, where a line, run due west from the place of beginning, will intersect the said river; thence along the line so run to the place of beginning; and shall cause the said tracts to be divided into townships of five miles square, by running, marking and numbering the exterior lines of the said townships, and marking corners in the said lines, at the distance of two and onehalf miles from each other, in the manner directed by the act, intituled "An act providing for the sales of the lands of the United States, in the territory northwest of the river Ohio, and above the mouth of Kentucky River;" and that the lands above described, except the salt springs therein, and the same quantities of land adjacent thereto, as are directed to be reserved with the salt springs, in the said recited act, and such tracts within the boundaries of the same, as have been heretofore appropriated by Congress, be, and they are hereby, set apart and reserved for the purposes hereinafter mentioned. (a) SEC. 2. And be it further enacted, That the said land shall be granted Duty of the only in tracts containing a quarter of the township to which they be- Secretary of the Treasury herein. long, lying at the corners thereof; and that the Secretary of the Treasury shall, for the space of nine months, after public notice in the several States and Territories, register warrants for military services, to the amount of any one or more tracts, for any person or persons holding the same; and shall immediately after the expiration of the said Priority of 10time, proceed to determine, by lot, to be drawn in the presence of the cation how deSecretaries of State and of War, the priority of location of the said termined, registered warrants; and the person or persons holding the same, shall severally make their locations, after the lots shall be proclaimed, on a day to be previously fixed in the before-mentioned notice; in failure of |