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spectively elected; it shall be the duty of the Secretary of the Treasury to designate by lot, in the presence of the Secretary of War, fifty quarter townships, of the lands remaining unlocated, which quarter townships, together with the fractional parts of townships remaining unlocated, shall be reserved for satisfying warrants granted to individuals for their military services, in the manner hereafter provided.

one

hundred acres.

SEC. 6. And be it further enacted, That the land in each of the quarter Reservations townships designated as aforesaid, and in such of the fractional parts to be divided inof quarter townships, as may then remain unlocated, shall be divided by to lots of the Secretary of the Treasury, upon the respective plats thereof, as returned by the surveyor-general, into as many lots, of one hundred acres each, as shall be equal, as nearly as may be, to the quantity such quarter Manner in township or fraction is stated to contain; each of which lots shall be which they shall included, where practicable, between parallel lines, one hundred and be surveyed. sixty perches in length, and one hundred perches in width, and shall be designated by progressive numbers upon the plat, or survey of every such quarter township and fraction respectively. (a)

make locations

before Jan. 1st,

SEC. 7. And be it further enacted, That from and after the sixteenth Holders of such day of March next, it shall be lawful for the holder of any warrant warrants may granted for military services, to locate, at any time before the first day on those lots, and of January, one thousand eight hundred and two, the number of huu- receive patents dred acres expressed in such warrant, on any lot or lots, from time to to their own use time, remaining unlocated within the tracts reserved as aforesaid, and only, after 16th upon surrendering such warrant to the Treasury, the holder thereof shall March, 1800, and be entitled to receive a patent in the manner, and upon the conditions 1802. heretofore prescribed by law; which patent shall in every case express the range, township, quarter township or fraction, and number of the lot located as aforesaid. But no location shall be allowed, nor shall any patent be issued for any lot or lots of one hundred acres, except in the name of the person originally entitled to such warrant, or the heir or Upon heirs of the person so entitled; nor shall any land, so located and der of warrant patented, to a person originally entitled to such warrant, be considered shall as in trust for any purchaser, or be subject to any contract made before the date of such patent, and the title to lands acquired, in consequence of patents issued as aforesaid, shall and may be alienated in pursuance of the laws, which have been, or shall be passed in the territory of the United States northwest of the river Ohio, for regulating the transfer of real property, and not otherwise.

patent.

surren

receive

SEC. 8. And be it further enacted, That in all cases after the sixteenth Where locaof March next, where more than one application is made for the same tions are made tract, at the same time, under this act, or under the act to which this is on the same in addition, the Secretary of the Treasury shall determine the priority tract, priority to be determined by of location by lot.

lot.

the reservations

SEC. 9. And be it further enacted, That it shall be the duty of the Sec- Publio notice retary of the Treasury to advertise the tracts which may be reserved for to be given of location, in lots of one hundred acres, in one newspaper in each of the by the Secretary States, and in the territory aforesaid, for and during the term of three of the Treasury.

months.

SEC. 10. And be it further enacted, That the actual plat and survey, The plat rereturned by the surveyor-general, of quarter townships and fractional turned by the parts of quarter townships, contained in the tract mentioned and de- to be conclusive surveyor-general scribed in the act to which this is a supplement, shall be considered as as to quantity. final and conclusive, so far as relates to the quantity of land supposed to be contained in the quarter townships, and fractions, so that no claim shall hereafter be set up against the United States, by any proprietor, or holder of warrants for military services, on account of any deficiency in the quantity of land contained in the quarter township or fractional part of a quarter township, which shall have been located by such proprietor or holder, nor shall any claim be hereafter set up by the United States, against such proprietor or holder, on account of any excess in the quantity of land contained therein. (c)

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April 28, 1800.
Vol. 2, p. 56.

No. 19.-AN ACT to authorize the President of the United States to accept, for the United States, a cession of jurisdiction of the territory west of Pennsylvania, commonly called the Western Reserve of Connecticut.

The President Be it enacted, &c., That the President of the United States be, and he may issue lettershereby is authorized to execute and deliver letters-patent in the name patent releasing the right of the and behalf of the United States, to the governor of the State of ConUnited States to necticut for the time being, for the use and benefit of the persons holdthe soil of the ing and claiming under the State of Connecticut, their heirs and assigns Western Re- for ever, whereby all the right, title, interest and estate of the United

serve.

Provided Con

ed States certain

States, to the soil of that tract of land lying west of the west line of Pennsylvania, as claimed by the State of Pennsylvania, and as the same has been actually settled, ascertained and run in conformity to an agree ment between the said State of Pennsylvania and the State of Virginia, and extending from said line westward one hundred and twenty statute miles in length, and in breadth throughout the said limits in length from the completion of the forty-first degree of north latitude, until it comes to forty-two degrees and two minutes north latitude, including all that territory commonly called the Western Reserve of Connecticut, and which was excepted by said State of Connecticut out of the cession by the said State heretofore made to the United States, and accepted by a resolution of Congress of the fourteenth of September, one thousand seven hundred and eighty-six, shall be released and conveyed as aforesaid to the said governor of Connecticut, and his successors in said office, for ever, for the purpose of quieting the grantees and purchasers under said State of Connecticut, and confirming their titles to the soil of the said tract of land.

Provided, however, That such letters-patent shall not be executed and necticut shall delivered, unless the State of Connecticut shall, within eight months cede to the Unit from passing this act, by a legislative act, renounce for ever, for the use western lands; and benefit of the United States, and of the several individual States who may be therein concerned respectively, and of all those deriving claims or titles from them or any of them, all territorial and jurisdictional claims whatever, under any grant, charter or charters whatever, to the soil and jurisdiction of any and all lands whatever lying westward, northwestward, and southwestward of those counties in the State of Connecticut, which are bounded westwardly by the eastern line of the State of New York, as ascertained by agreement between Connecticut and New York, in the year one thousand seven hundred and thirtythree, excepting only from such renunciation the claim of said State of Connecticut, and of those claiming from or under the said State, to the soil of said tract of land herein described under the name of the Western Reserve of Connecticut.

and execute a

And provided also, That the said State of Connecticut shall, within the deed relinquish said eight months from and after passing this act, by the agent or agents ing her jurisdic tional claim to of said State duly authorized by the legislature thereof, execute and the Western Re. deliver to the acceptance of the President of the United States, a deed

serve.

constructions.

expressly releasing to the United States the jurisdictional claim of the said State of Connecticut, to the said tract of land herein described under the name of the Western Reserve of Connecticut, and shall deposit au exemplification of said act of renunciation, under the seal of the said State of Connecticut, together with said deed releasing said jurisdiction, in the office of the Department of State of the United States, which deed of cession when so deposited shall vest the jurisdiction of Saving certain said territory in the United States: Provided, That neither this act, nor any thing contained therein, shall be construed so as in any manner to draw into question the conclusive settlement of the dispute between Pennsylvania and Connecticut, by the decree of the Federal court at Trenton, nor to impair the right of Pennsylvania or any other State, or of any person or persons claiming under that or any other State, in any existing dispute concerning the right, either of soil or of jurisdiction, with the State of Connecticut, or with any person or persons claiming under the State of Connecticut: And provided also, That nothing herein contained shall be construed in any manner to pledge the United States for the extinguishment of the Indian title to the said lands, or further than merely to pass the title of the United States thereto.

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No. 20.—AN ACT to divide the territory of the United States northwest of the Ohio, into two separate governments.

[See "INDIANA," No. 193.]

No. 21.-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.'

May 10, 1800.
Vol. 2, p. 73.

SECTION 1. Be it enacted, &c., That for the disposal of the lands of Four land of. the United States, directed to be sold by the act, intituled "An act pro- fices established viding for the sale of the lands of the United States, in the territory under the direc. tion of registersnorthwest 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 Chilicothe, for lands east of the Scioto, 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 the 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. (a)

SEC. 2. And be it further enacted, That it shall be the duty of the sur- Surveyor - gen. veyor-general, and he is hereby expressly enjoined, to prepare and trans- eral to transmit mit to the registers of the several land offices, before the days herein certain plats. 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.

be run and

SEC. 3. And be it further enacted, That the surveyor-general shall He shall cause cause the townships west of the Muskingum, which by the above-men- certain lines to tioned act are directed to be sold in quarter townships, to be subdivided marked. 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 each 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 towhship, 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-carrriers, and axemen: 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. (b)

Certain

SEC. 4. And be it further enacted, That the lands thus subdivided (excluding the sections reserved by the above-mentioned act) shall be to be sold. 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 Scioto, south of the military lands, and west of the fifteenth range of townships, shall be offered in like manner for

2 L O-VOL II

lands

Limitation

of

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 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 herein before 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 with entire sections as aforesaid.

SEC. 5. And be it further enacted, That no lands shall be sold by virtue the price, and of this act, at either public or private sale, for less than two dollars mode of purchase per acre, and payment may be made for the same by all purchasers, and payment. either in specie, or in evidences of the public debt of the United States, at the rates prescribed by the act, intituled, "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:

Fees to be paid.

One-fourth of

1. At the time of purchase, every purchaser shall, exclusively of the fees hereafter mentioned, pay six dollars for every section, and three dollars for every half-section, he may have purchased, for surveying expenses, and deposit one-twentieth part of the amount of purchase money, to be forfeited, if within forty days one-fourth part of the pur chase money, including the said twentieth part, is not paid.

2. One-fourth part of the purchase money shall be paid within forty the purchase days after the day of sale as aforesaid; another fourth part shall be money to be paid. paid within two years; another fourth part within three years; and another fourth part within four years after the day of sale.

Grade of pur chase.

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 payments, payable as they respectively become due.

A discount al- 4. A discount at the rate of eight per cent. a year, shall be allowed lowed for pay on any of the three last payments, which shall be paid before the same ment before due. shall become due, reckoning this discount always upon the sum, which would have been demandable by the United States, on the day appointed for such payment.

If one fourth

sale.

5. If the first payment of one-fourth part of the purchase money part is not paid shall not be made within forty days after the sale, the deposit, payment the land may be sold at private and fees, paid and made by the purchaser, shall be forfeited, and the lands shall and may, from and after the day, when the payment of onefourth 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 shall have been sold at public sale, and which shall, on account of such failure of payment, revert to the United States, shall not be sold at private sale, for a price less than the price that shall have been offered for the same at public sale.

If a tract is not

year, to be

gold.

re

6. If any tract shall not be completely paid for within one year after paid for in one 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

re

due thereon, with the expenses of sale; the surplus, if any, shall be returned to the original 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 monies 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) SEC. 6. And be it further enacted, That all and every the payments, to Payments to be made by virtue of the preceding section, shall be made either to the be made to the Treasurer of the United States, or to such person or officer as shall be Treasurer or receivers of public appointed by the President of the United States, with the advice and monies. consent of the Senate, receiver of public monies 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; and the said receiver of public Duty of monies shall, before he enters upon the duties of his office, give bond ceivers of public with approved security, in the sum of ten thousand dollars, for the monies. faithful discharge of his trust; and it shall be the duty of the said Treasurer and receiver of public monies to give receipts for the monies by them received, to the persons respectively paying the same; to transmit within thirty days in case of public sale, and quarterly, in case of private sale, an account of all the public monies 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 said receivers of public monies shall, within three months after receiving the same, transmit the monies by them received to the Treasurer of the United States; and the receivers of public monies for the said sales, and also the receivers of public monies for the sales which have taken place at Pittsburg under 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," 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.

Their compen sation.

the

SEC. 7. And be it further enacted, That it shall be the duty of the reg- Duty of isters of the land offices respectively, to receive and enter on books registers of the kept for that purpose only, and on which no blank leaves or space shall land offices. be left between the different 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 monies appointed for that purpose, for three dollars for each half-section such person or persons may apply for, and for at least onetwentieth 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 monies specified in the said receipt, and the number of the section or half-section, township and range applied for. If two or more persons shall apply at the same time for the same tract, the register shall immediately determine by lot, in presence of the parties, which of them shall have preference. He shall file the receipt for monies produced by the party, and give him a copy of his entry, and if required, a copy of the description of the tract, and a copy 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 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 date of each application, if the party shall not have, within that time, produced to him a receipt of the payment of one-fourth part of the purchase money, including the twentieth 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 at the time of making the original entry, or at any time within three months thereafter, produce a receipt to him, for the fourth part of the purchase money, including the twentieth part aforesaid, he shall file the receipt, make an entry of the 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

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