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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 township, 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 shall also cause a fair plat to be made of the townships and fractional parts of townships contained in the said lands, describing the subdivisions 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.
SEC. 3. Be it further enacted, That a salt spring* lying upon a creek which empties into the Sciota river, on the east side, together with as many contiguous sections as shall be equal to one township, and every 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 threefourths of a township.
SEC. 4. Be it further enacted, That whenever seven ranges of townships shall have been surveyed below the Great Miami, or between the Sciota river and the Ohio Company's purchase, or between the southern boundary of the Connecticut claims and the ranges already laid off, beginning upon the Ohio river and extending westwardly, and the plats thereof made and transmitted, in conformity to the provisions of this act, the said sections of six hundred and forty acres (excluding those hereby reserved) shall be offered for sale, at public vendue, under the 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 Conneciicut claim and the seven ranges, at Pittsburg. And the townships remaining undivided shall be offered for sale, in the same manner, at the seat of Government of the United States, under the direction of the Secretary of the Treasury, in tracts of one-quarter of a township, lying at the corners thereof, excluding the four central sections and the other reservations before mentioned : Provided always, That no part of the lands directed by this act to be offered for sale shall be sold for less than two dollars per acre.
* This salt spring, and also those near the Muskingum river, have been given to the State of Ohio, by the act of the 30th of April, 1802. The section No. 16, which is one of the four central sections, was also, by the act of 30th April, 1802, granted to the inhabitants of every township in the State of Ohio. And by the act of the 3d of March, 1803, and of 2d of March, 1807, certain quarter townships were granted, in lieu of that section, for the use of schools, in the military tract, in the Connecticut Reserve, and in the Virginia military tract, where the section No. 16 had not originally been reserved. The same reservation of No. 16, for the use of schools, has been made in all the subsequent laws for the sale of public lands wherever situated. The reservation of the three other central sections has not been made in the Mississippi, Orleans, (now the State of Louisiana,) and Louisiana, (now Missouri) Territories, nor in any tracts of land north of the river Ohio, to which the Indian title has been extinguished subsequent to the treaty of Greenville : that is to say, from the year 1795. And the sale of those reserved sections, as well as those reserved by the ordinance of the 20th of May, 1785, is authorised by the 7th section of the act of 3d of March, 1805, and by act of 29th February, 1808.
Sec. 5. Be it further enacted, That the Secretary of the Treasury, after receiving the aforesaid plats, shall forthwith give notice, in one newspaper in each of the United States, and of the Territories northwest 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
SEC. 6. Be it further enacted, That immediately after the passing of this act, the Secretary of the Treasury shall, in the manner herein before directed, advertise for sale the lands remaining unsold in the seven ranges of townships which were surveyed in pursuance of an ordinance 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.
SEC. 7. Be it further enacted, that the highest bidder for any tract of land, sold by virtue of this act, shall deposit at the time of sale one 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 again be 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.
* This section was not carried into effect, having been superseded by the provisions of the act of 10th of May, 1800.
Sec. 8. Be it further enacted, That the Secretary of the Treasury and the Governor of the Territory northwest of the river Ohio shall, respectively, 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 to the different purchasers. The Governor or secretary of the said Territory shall, at every suspension or adjournment, for more than three 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 examined and compared with the original. And all tracts sold under this act shall be noted upon the general plat, after the certificate has been granted to the purchaser.
Sec. 9. And be it further enacted, That all navigable 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 become common to both.
Sec. 10. And be it further enacted, That the surveyor general shall receive, for his compensation, two thousand dollars per annum : and that the President of the United States may fix the compensation of the assistant surveyors, chain-carriers, and axe-men; Provided, That the whole expense of surveying and marking the lines shall not exceed three dollars per mile, for every mile that shall be actually run or surveyed.
Sec. 11. And be it further enacted, That the following fees shall be paid, for the services to be done under this act, to the Treasurer of the United States, or to the receiver in the Western Territory, as the case may be: 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.
* The terms of credit altered by act of 10th May, 1800. The act of 24th April, 1820, abolished credit sales of lands.
Sec. 12. And be it further enacted, That the surveyor general, assistant surveyors, and chain carriers, shall, before they enter on the several duties to be performed under this act, severally take an oath or affirmation, fuithfully to perform the same. And the person to be appointed to receive the money on sales in the Western Territory, before he shall receive any money under this act, shall give bond, with sufficient security, for the faithful discharge of his trust; that, for receiving, safe keeping and conveying to the Treasury, the money he may receive, he shall be entitled to a compensation, to be hereafter fixed.
Approved, May 18, 1796.
No. 2.-An Act to amend the act intituled "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.”.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the disposal of the lands of the United States directed to be sold by the act intituled “ 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," there shall be four land offices established in the said Territory; one at Cincinnati, for lands below the Little Miami, which have not heretofore been granted; one at Chillicothe, for lands east of the Sciota, south of the lands appropriated for satisfying military bounties to the late army of the United States, and west of the fifteenth range of townships; one at Marietta, for the lands east of the sixteenth range of townships, south of the before mentioned military lands, and south of a line drawn due west from the northwest corner of the first township of the second range, to the said military lands; and one at Steubenville, for the lands north of the last-mentioned line, and east or north of the said military lands. Each of the said offices shall be under the direction of an officer, to be called “ the register of land office,” who shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall give bond to the United States, with approved security, in the sum of ten thousand dollars, for the faithful discharge of the duties of his office; and shall reside at the place where the land office is directed to be kept.
SEC. 2. And be it further enacted, That it shall be the duty of the surveyor general, and he is hereby expressly enjoined, to prepare and transmit to the registers of the several land offices, before the days herein appointed for commencing sales, general plats of the lands hereby directed to be sold at the said offices, respectively, and also to forward copies of each of the said plats to the Secretary of the Treasury.
SEC. 3. And be it further enacted, That the surveyor general shall cause the townships west of the Muskingum, which, by the above-mentioned act, are directed to be sold in quarter townships, to be subdivided into half sections of three hundred and twenty acres each, as nearly as may be, by running parallel lines through the same from east to west, and from south to north, at the distance of one mile from cach other, and marking corners, at the distance of each half mile on the lines running from east to west, and at the distance of each mile on those running from south to north, and making the marks, notes, and descriptions, prescribed to surveyors by the above-mentioned act. And the interior lines of townships intersected by the Muskingum, and of all the townships lying east of that river, which have not been heretofore actually subdivided into sections, shall also be run and marked in the manner prescribed by the said act for running and marking the interior lines of townships directed to be sold in sections of six hundred and forty acres each. And in all cases where the exterior lines of the townships, thus to be subdivided into sections or half sections, shall exceed, or shall not extend, six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western and northern ranges of sections or half sections in such township, according as the error may be in running the lines from east to west, or from south to north ; the sections and half sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity expressed in the returns and plats, respectively, and all others as containing the complete legal quantity. And the President of the United States shall fix the compensation of the deputy surveyors, chain-carriers, and axe-men : Provided, The whole expense of surveying and marking the lines shall not exceed three dollars for every mile that shall be actually run, surveyed, and marked.
SEC. 4. And be it further enacted, That the lands thus subdivided (excluding the sections reserved by the above-mentioned act) shall be offered for sale in sections and half 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 Cincinnati, on the first Monday of April, 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 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 Chillicothe, 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 cither 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 surveyor general of the said Territory. The sales shall remain open at each place for three weeks, and no longer. The superintendents shall observe the rules and regulations of the above-mentioned act, in classing and selling fractional with entire sections, and in keeping and transmitting accounts of the sales. All lands remaining unsold, at the closing 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 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. And the register of the land office at Marietta, after the said 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 witń entire sections, as aforesaid.