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; No reservations, but there shall be no reservations, except for salt springs, in springs, where the fractional townships, where the fraction is less than three fraction is less, &c. fourths of a township. except for salt rangesof townships Whenever seven SEC. 4. Be it further enacted, That whenever seven have been survey- ranges of townships shall have been surveyed below the ef 640 tres, to Great Miami, or between the Sciota river and the Ohio Comat public vendue, pany's purchase, or between the southern boundary of the of acres, &c. &c. At Cincinnati. 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 Connecticut claim and the seven ranges, at Pittsburg. And the townships remaining undivided shall be to be offered for offered for sale, in the same manner, at the seat of Governof Government,&c. ment of the United States, under the direction of the Secrequarter of a town- tary of the Treasury, in tracts of one quarter of a township, ship at the corners, lying at the corners thereof, excluding the four central sections and the other reservations before mentioned: ProviProviso; no part of ded, always, That no part of the lands directed by this act to for less than two be offered for sale shall be sold for less than two dollars per dollars per acre. acre.(1) Townships re maining undivided sale, &c. at the seat in tracts of one excluding, &c. to plats, to give no ti.nes of sale, &c. The Secretary, af SEC. 5. Be it further enacted, That the Secretary of ter receiving the the Treasury, after receiving the aforesaid plats, shall forthtice, the with 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 Notice to be given one month of each other. And when the Governor of the when the sales are Western Territory, or Secretary of the Treasury, shall find suspended, &c. 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 recommence. Immediately after the passing of this of the Treasury to SEC. 6. Be it further enacted, That immediately after act, the Secretary the passing of this act the Secretary of the Treasury shall, advertise for sale in the manner hereinbefore directed, advertise for sale the the lands remain lands remaining unsold in the seven ranges of townships seven ranges, &c. which were surveyed in pursuance of an ordinance of Con ing unsold in the surveyed in pursuance of an ordi nance of 20th May, 1785, &c. (1) This section was not carried into effect, having been superseded by the provisions of the act of 10th of May, 1800; chap. 54, post. ed vendue, in rected to be sold in gress passed the twentieth of May, one thousand seven hundred and eighty-five, including the lands drawn for the army *See chapter 14. by the late Secretary of War, and also those heretofore sold, but not paid for; the townships which, by the said ordinance, The townships, &c. are directed to be sold entire, shall be offered for sale at pub- entire, to be offer lic vendue, in Philadelphia, under the direction of the Sec- fd for sale at pubretary of the Treasury, in quarter townships, reserving the Philadelphia, &c. four centre sections, according to the directions of this act. The townships which, by the said ordinance, are directed to The townships di be sold in sections, shall be offered for sale at public vendue, sections, to be of in Pittsburg, under the direction of the Governor or secre- public vendue, in tary of the Western Territory, and such person as the Pres- Pittsburg, &c. ident 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 Fractional townsections, at Pittsburg, in the manner and under the regula- sections at Pittstions provided by this act for the sale of fractional townships: Provided, always, That nothing in this act shall authorize Proviso; nothing the sale of those lots which have been heretofore reserved the sale of lots in the townships already sold. fered for sale at ships to be sold in herein to authorize heretofore reserv ed, &c. to deposite 1-20th feited if the moiety is not paid within a moiety, &c., the one year's credit tificate, describing SEC. 7. Be it further enacted, That the highest bidder The highest bidder for any tract of land, sold by virtue of this act, shall deposite of the purchase at the time of sale one twentieth part of the amount of the money, to be forpurchase-money; to be forfeited if a moiety of the sum bid, of the sum bid, &c. including the said twentieth part, is not paid, within thirty 30 days, &c. 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 pay- Upon payment of ment of a moiety of the purchase-money within thirty days, purchaser to have the purchaser shall have one year's credit for the residue; (1) for the residue, and and shall receive from the Secretary of the Treasury, or the shall receive a cerGovernor of the Western Territory, (as the case may be,) a the land sold, the 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 on payment of the the specified time, and producing to the Secretary of State President to grant a receipt for the same, upon the aforesaid certificate, the a patent, &c. President of the United States is hereby authorized to grant sum paid on ac count, &c. balance, &c., the chapter 136. 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 +Altered. See act should be a failure in any payment, the sale shall be void, of 25th April, 1812, all the money theretofore paid on account of the purchase If there should be 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 (1) The terms of credit altered by act of 10th May, 1800, chap. 54. a failure in payment, the sale to be void, &c. chaser makes of the first moiety, cent., &c. The Secretary of the Governor of the tory, to cause books tries made of the Proviso; if a pur should any purchaser make payment of the whole purchasement of the whole money at the time when the payment of the first moiety is purchase-money at the time of paym't directed to be made, he shall be entitled to a deduction of he is entitled to a ten per centum on the part for which a credit is hereby dideduction of 10 per rected to be given, and his patent shall be immediately issued. SEC. 8. Be it further enacted, That the Secretary of the Treasury, and the Treasury and the Governor of the Territory northwest Norwestern Terri of the river Ohio shall, respectively, cause books to be kept, to be kept, and en- in which shall be regularly entered an account of the dates dates of sales, &c. 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 The Governor. &c. granted to the different purchasers. The Governor or secsion of sales, &c., retary of the said Territory shall, at every suspension or adSecretary of the journment, for more than three days, of the sales under their Treasury a copy of direction, transmit to the Secretary of the Treasury a copy of the said books, certified to have been duly examined and Tracts sold, to be compared with the original. And all tracts sold under this noted on the gene- act shall be noted upon the general plat, after the certificate has been granted to the purchaser. on every suspen to transmit to the the books, &c. ral plat, &c. lic highways. Streams not navi gable, the opposite banks of which be long to different mon to both. The surveyor gen Navigable rivers, SEC. 9. And be it further enacted, That all navigable &c. to remain pub-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 persons, to be com- and the bed thereof shall become common to both. SEC. 10. And be it further enacted, That the surveyor eral to receive two general shall receive, for his compensation, two thousand dollars per annum; and that the President of the United The President may States may fix the compensation of the assistant surveyors, tion of assistants, chain-carriers, and axe-men: Provided, That the whole exProviso; the whole pense of surveying and marking the lines shall not exceed expense not to ex three dollars per mile, for every mile that shall be actually ceed $3 per mile. run or surveyed. thousand dollars per annum. fix the compensa &c. to be done under fied by act of 10th 54; and entirely Fees for services SEC. 11. And be it further enacted, That the following this act, &c. fees shall be paid, for the services to be done under this act, *These fees modi to the Treasurer of the United States, or to the receiver in May, 1800, chapter the Western Territory, as the case may be for each certifirepealed by act of cate for a tract containing a quarter of a township, twenty 26th March, 1904, 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 hunFees to be account dred and forty acres, six dollars: and the said fees shall be ed for by receivers. accounted for by the receivers, respectively. chapter 69. The surveyor gen &c., to take an oath, &c. SEC. 12. And be it further enacted, That the surveyor eral, assistants, 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, faithfully to perThe person ap form the same. And the person to be appointed to receive the money on sales, the money on sales in the Western Territory, before he shall &c. to give bond, receive any money under this act, shall give bond, with sufficient security, for the faithful discharge of his trust; that, pointed to receive with security, &c. 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. [See Part II, Nos. 13, 64, 85, 98, 153, 198, 199, 220, 395, 7728, 729, 730, 733, 735, 736, 738, 739, 740, 742, 743, 744, 747, 748, 758, 759, 760, 785, 794, 801, 802, 803, 804, 805, 806, 809, 810, 819, 824, 838, 835, 900, 905, 912, 908, 944, 948, 962, 980, 996.] *See sect. 6, chap ter 54. CHAP. 43.-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. † +See also the following acts: chapters 48, 51, 58, 67, 167, 181, 211, 226, 402, § 6, 442, 461, eral required to described, &c. vided into town SEC. 1. Be it enacted by the Senate and House of Repre- 75, 80, 97, 105, 155, sentatives of the United States of America in Congress as- 251, 285, 322, 348, sembled, That the surveyor general be, and he is hereby, 479. required to cause to be surveyed the tract of land beginning The surveyor genat the northwest corner of the seven ranges of townships, cause to be surveyand running thence fifty miles, due south, along the western ed the tract of land boundary of the said ranges; thence, due west, to the main branch of the Sciota 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 The tracts to be ditracts to be divided into townships of five miles square, by ships of five miles running, marking, and numbering, the exterior lines of the square, &c. said townships, and marking corners in the said lines, at the distance of two and one half miles from each other, in the manner directed by the act entitled "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 Ante, chapter 42. the salt springs therein, and the same quantities of land ad- The lands describjacent thereto as are directed to be reserved with the salt apart for the pur springs, in the said recited act, and such tracts within the poses mentioned. 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. SEC. 2. And be it further enacted, That the said land shall tracts containing a be granted only in tracts containing a quarter of the town- ship, &c. ship to which they belong, lying at the corners thereof; and 1800, chapter 50. that the Secretary of the Treasury shall, for the space of The Secretary of nine months after public notice in the several States and the Treasury, for Territories, register warrants for military services to the &c., to register amount of any one or more tracts, for any person or persons tary services, &c., holding the same; and shall, immediately after the expira- termine by lot, &c. tion of the said time, proceed to determine, by lot, to be tion, &c. ed, except, &c., set The land to be granted only in quarter of the town nine months after, warrants for mili and proceed to dethe priority of loca drawn in the presence of the Secretaries of State and of War, the priority of location of the said registered warrants; The persons hold- and the person or persons holding the same shall, severally, ing, &c., to make their locations af make their locations after the lots shall be proclaimed, on a ter the lots are pro- day to be previously fixed in the before-mentioned notice; claimed, &c. After the time limited, &c., any per liberty to make locations, &c. in failure of which, they shall be postponed in locating such warrants to all other 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 son, &c. to be at limited for making the locations, as aforesaid, any person or persons holding warrants 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 tracts not before located. Lands set apart by the 1st section of unlocated on the &c. pealed, by act of 1, chapter 48. The surveyor gen surveyed three tracts SEC. 4. And be it further enacted, That all the lands set this act, remaining apart by the first section of this act, which shall remain un1st January, 1800, located on the first day of January, in the year one thousand to be released from eight hundred, 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 all warrants or claims for lands on account of military services which shall not, before the day aforesaid, *This section re be registered and located, shall be forever barred.* March 2, 1799, sec. SEC. 5. And be it further enacted, That the said surveyor general be, and he is hereby, required to cause to be eral to cause to be surveyed three several tracts of land, containing four thouof 4,000 sand acres each, at Schoenbrun, Gnadenhutten, and Salem, Schoenbrun, Gnad being the tracts formerly set apart by an ordinance of Conlem, &c. for the gress of the third of September, one thousand seven hunUnited Brethren, dred and eighty-eight, for the Society of United Brethren +See chapter 32. 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. SEC. 6. And be it further enacted, That all navigable territory to be dis- streams or rivers within the territory to be disposed of by posed of, to remain virtue of this act shall be deemed to be and remain public public highways, 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. Approved, June 1, 1796. acres each, at enhutten, and Sa &c. All navigable streams within the &c. [See Part II, Nos. 2, 43, 108, 113, 114, 115, 116, 121, 189, 236, 237, 728, 729, 730, 733.] Repealed by act CHAP. 44.-An act to authorize the receipt of evidences of the public debt in 18th April, 1806, chapter 83. payment for the lands of the United States. + The evidences of the public debt re- SEC. 1. Be it enacted by the Senate and House of Repre ceivable in paym't for any of the lands sentatives of the United States of America in Congress assold in conformity to the act mention- sembled, That the evidences of the public debt of the ed, at the rates spe- United States shall be receivable in payment for any of the cified. |