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The register and surveyor general,

of persons produ

the surveyor general; copies of which certificates shall be by them recorded, in a book to be provided for that purpose, and deposited, for safe keeping, with the register of the land office.

SEC. 5. And be it further enacted, That the aforesaid reupon application gister and surveyor general, respectively, upon applicacing a certificate of tion of any person or persons, who shall produce a certificate the commissioners, of the commissioners aforesaid to him directed, before the the Treasurer, &c., first day of January next, and shall also produce a receipt become purchasers, from the Treasurer of the United States, or the aforesaid re

and a receipt from

to admit them to

&c.

ceiver of public moneys, for at least one fourth part of the purchase-money, and also for the payment of three dollars for each half section, or smaller quantity, and shall pay him the fees in like case provided by the act entitled "An act to amend the act entitled 'An act providing for the sale of the lands of the United States in the Territory of the United States northwest of the Ohio, and above the mouth of Ken*Ante, chapter 54. tucky river," " '"* shall admit such person or persons to become a purchaser or purchasers of the land designated in the said certificate, and shall receive the said certificate and preserve it on file, and make an entry of the application in his book kept for the purpose, and, on any of the three last payments being made in advance, he shall allow the purchaser the like discount as is allowed by the fourth clause of the fifth section Patent to issue up of the act last above recited; and on payment in full, and a payment in full, final settlement had, he shall give his certificate thereof; upon producing which to the Secretary of the Treasury a patent shall issue, in like manner as is provided by the said act last above recited.

on certificate of

&c.

Fees to the receiv er, &c. from the claimants, &c.

Compensation

SEC. 6. And be it further enacted, That the said receiver of public moneys shall be entitled to have and receive, to his own use, from the respective claimants, the following fees, that is to say for filing a notice and evidence of claim, or statement thereof, twenty-five cents; for giving a copy thereof, twelve and a half cents for every one hundred to words. And the said commissioners shall, as a full compensation for their services, be entitled, jointly, to have and receive from the respective claimants, that is to say: for every determination, and entering the result in their book, at the rate of three dollars for every section; for every certificate, and recording the same, at the rate of one dollar for every section.

the commissioners from the

ants, &c.

claim

The tract to be sur

veyed in the man

SEC. 7. And be it further enacted, That all the aforesaid ner directed, &c. tract of country shall be surveyed by the surveyor general, as soon as may be after the first day of September next, in the manner hereinafter directed:

laid off into sections, &c.

So much, &c. to be 1. So much of the said tract as lies between the northern boundary line and the aforesaid patent of John Cleves Symmes and associates, and Israel Ludlow's southern boundary of the seventh entire range of townships, shall be laid off into sections, agreeably to northwardly and southwardly lines, run under the direction of John Cleves Symmes; and the

marks thereon made, at the time of running the aforesaid lines, for the corners of sections, shall be established by the surveyor general; and eastwardly and westwardly lines shall be run to intersect the aforesaid northwardly and southwardly lines, in the corresponding marked points.

tract to be laid off

so as best to secure

2. And the residue of the said tract, lying north of the The residue of the aforesaid southern boundary of the seventh entire range, into sections, &c., shall be laid off into sections, according to such uniform rule the rights and inand method as, in the opinion of the surveyor general, shall terests of those enbest secure the rights and interest of those who are entitled emption. to pre-emption.

titled to the pre

according

to be

obtain pre-emption

3. Such divisions shall be made of sections, according to Divisions the claim of such who obtain pre-emption right; and the adding stone, contents of each and every section, and such division there- claim of those who of, shall be ascertained, and the surveyor general shall pre- right, &c. pare and transmit a plan thereof to the aforesaid register, immediately after the said survey shall be completed, and also forward a copy thereof to the Secretary of the Treasury. SEC. 8. And be it further enacted, That all persons avail- Persons availing ing themselves of a pre-emption under this act shall make pre-emption under application for a section, or any part or parts of a section or application for a sections, according to the estimated quantity of six hundred section, &c., and forty acres to a section, and the amount of the excess or mated quantity of deficiency shall be added to or deducted from the last payment, and the purchaser shall make payment for and hold the quantity returned and expressed in the plats, let the quantity be more or less.

themselves of a

this act, to make

ac

cording to the esti

640 acres, &c.

register, and re.

SEC. 9. And be it further enacted, That the duties of the The duties of the surveyor general, of the aforesaid register, and receiver of surveyor general, public moneys, as nearly as may be consistent with this act, ceiver, to be as dishall, respectively, be the same as directed in and by the last- referred to, &c. recited act, and the fees and emoluments shall, respectively, be the same as provided in the said act last recited.

rected by the act

the surveys, reserv

due of the lands to

to, &c.

SEC. 10. And be it further enacted, That, after completing After completing the surveys agreeably to this act, reserving the lots marked ing, &c. the resi sixteen in each township, or fractional part of a township, in be sold, agreeably which the same may be, for the purposes expressed in the to the act referred ordinance of Congress of the twentieth of May, one thousand seven hundred and eighty-five,* the residue of the lands, *See chapter 11. and so many of the aforesaid pre-emptions as shall become forfeited by reason of failures of payment, shall be sold agreeably to the last-recited act.

SEC. 11. And be it further enacted, That this act shall This act to have have full operation and effect, any thing in any former law full effect, &c. to the contrary notwithstanding.

Approved, March 3, 1801.

[See Part II, Nos. 15, 18, 35, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 178, 180, 737.]

*See original act of 1st March, 1800, ante, chap. 51; and act of 3d March, 1803, chap. 64; and

1805, chap. 75, section 3.

military services,

cates, &c., agreea.

the same, as might

1802.

CHAP. 58.-An act in addition to an act entitled "An act in addition to 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.”*

SEC. 1. Be it enacted by the Senate and House of Repreact of 28 March, sentatives of the United States of America in Congress assembled, That, from and after the passing of this act, and The holders, &c. of until the first day of January next, it shall be lawful for the warrants granted, in consideration of holders or proprietors of warrants heretofore granted in conor register's certif: sideration of military services, or register's certificates of fifty acres or more, granted or hereafter to be granted agreebly to the 3d section of the act able to the third section of an act entitled "An act in addimentioned, may register and locate tion to an act entitled 'An act regulating the grants of-land have been done be appropriated for military services, and for the Society of the fore the 1st of Jan. United Brethren for propagating the Gospel among the +Ante, chapter 51. Heathen,' " approved the first day of March, one thousand eight hundred, to register and locate the same, in the same manner and under the same restrictions as might have been Proviso; persons done before the first day of January last: Provided, That certificates for less persons holding register's certificates for a less quantity than locate them on one hundred acres may locate the same on such parts of townships, &c. fractional townships as shall, for that purpose, be divided by the Secretary of the Treasury into lots of fifty acres each. The Secretary of SEC. 2. And be it further enacted, That it shall be the claims to lands for duty of the Secretary of War to receive claims to lands for &c. suggested to military services, and claims for duplicates of warrants ishave been lost,&c., sued from his office, or from the land office of Virginia, or of 1513; report the plats and certificates of surveys founded on such warrants, same to Congress, with his opinion. Suggested to have been lost or destroyed, until the first day of January next, and no longer; and immediately thereafter to report the same to Congress, designating the numbers of claims of each description, with his opinion thereon. Approved, April 26, 1802.

holding register's

than 100 acres may

parts of fractional

War to receive

military services,

until the 1st Jan.

[See Part II, Nos. 2, 43, 108, 113, 114, 115, 116, 121, 189, 236, 237.]

See the ordinance of 13th July, 1787, art. 5, ch. 20, and the const., art. 4, sect. 3, clause 1.

the eastern divis

northwest of the

CHAP. 59.-An act to enable the people of the castern division of the Territory northwest of the river Ohio to form a constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes. +

SEC. 1. Be it enacted by the Senate and House of RepreThe inhabitants of sentatives of the United States of America in Congress asion of the Territory sembled, That the inhabitants of the eastern division of the Ohio, authorized to Territory northwest of the river Ohio be, and they are hereform a constitution by, authorized to form for themselves a constitution and State Government, and to assume such name as they shall The State, when deem proper; and the said State, when formed, shall be admitted into the mitted into the Union upon the same footing with the original States in all respects whatever.

and State Government, &c.

formed, to be ad

Union, &c.

SEC. 2. And be it further enacted, That the said State shall consist of all the territory included within the following

State.

boundaries, to wit: bounded on the east by the Pennsylvania Boundaries of the line; on the south by the Ohio river, to the mouth of the Great Miami river; on the west by the line drawn due north from the mouth of the Great Miami aforesaid; and on the north by an east and west line drawn through the southerly extreme of Lake Michigan, running east, after intersecting the due north line aforesaid, from the mouth of the Great Miami until it shall intersect Lake Erie, or the territorial line; and thence, with the same, through Lake Erie, to the Pennsylvania line aforesaid: Provided, That Congress shall be at Proviso; Congress liberty, at any time hereafter, either to attach all the terri- at liberty to attach tory lying east of the line to be drawn due north from the mentioned to the mouth of the Miami aforesaid to the territorial line, and it otherwise, &c. north of an east and west line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake Erie, to the aforesaid State, or dispose of it otherwise, in conformity to the fifth article of compact between the original States and the people and States to be formed in the Territory northwest of the river Ohio.

all the territory

State, or dispose of

That part of the ritory heretofore in

Northwestern Ter

cluded in the eastern division, and in the boundary

herein prescribed,

&c., to make a part

of

the Indiana Ter

ritory, &c.

SEC. 3. And be it further enacted, That all that part of the Territory of the United States northwest of the river Ohio heretofore included in the eastern division of said Territory, and not included within the boundary herein prescribed for not included withthe said State, is hereby attached to and made a part of the Indiana Territory, from and after the formation of the said State, subject, nevertheless, to be hereafter disposed of by Congress, according to the right reserved in the fifth article of the ordinance aforesaid; and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects whatever, with all other citizens residing within the Indiana Territory. [Sections 4, 5, and 6, irrelevant.]

stated, offered to

SEC. 7. And be it further enacted, That the following The propositions propositions be, and the same are hereby, offered to the con- the convention, &c. vention of the eastern State of the said Territory, when formed, for their free acceptance or rejection; which, if accepted by the convention, shall be obligatory upon the United States.*

*See act of March 3,1803, chapter 61,

in every township, schools, &c.

First. That the section number sixteen in every township, post. and where such section has been sold, granted, or disposed 1. Section No. 16, of, other lands equivalent thereto, and most contiguous to to be granted for the same, shall be granted to the inhabitants of such township, for the use of schools.

reservation, inclu

&c.

Second. That the six miles reservation, including the salt 2 The six miles springs commonly called the Sciota salt springs, the salt ding salt springs, &c., to be granted springs near the Muskingum river and in the military tract, for the use of the with the sections of land which include the same, shall be people of the State, granted to the said State, for the use of the people thereof, the same to be used under such terms, and conditions, and regulations, as the Legislature of the said State shall direct: Provided, The said Legislature shall never sell nor lease The the same for a longer period than ten years.

Legislature never to sell nor lease the salt

Third. That one twentieth part of the nett proceeds of springs for longer

ten years.

3.

of the nett proceeds

Congress after the

be applied to the

roads, &c.

Proviso; the three

One twentieth the lands lying within the said State sold by Congress, from of lands sold by and after the thirtieth day of June next, after deducting all 30th June, 1802, to expenses incident to the same, shall be applied to the laying laying out and out and making public roads leading from the navigable making public waters emptying into the Atlantic to the Ohio, to the said State, and through the same; such roads to be laid out under the authority of Congress, with the consent of the several States through which the road shall pass: Provided alforegoing proposi. ways, (1) That the three foregoing propositions herein offered tions are on condi- are on the conditions that the convention of the said State shall provide, by ordi- provide by an ordinance, irrevocable without the consent of &c., that every the United States, that every and each tract of land sold by by Congress, after Congress, from and after the thirtieth day of June next, shall the 30th June, 1802, be and remain exempt from any tax laid by order or under from State, county, authority of the State, whether for State, county, township, &c., for five years or any other purpose whatever, for the term of five years from and after the day of sale. Approved, April 30, 1802.

tion that the State

nance, irrevocable,

tract of land sold

shall be exempt

or township taxes,

after sale.

(1) Part II, No. 13.

[See Part II, Nos. 75, 89, 98, 198, 139.]

*Original act of 3d March, 1801, ante, chap. 57. See also act of 3d, March, 1803, sect. 7, chap. 65, post, and 26th

69, section 8.

continued in force

CHAP. 60.-An act to extend and continue in force the provisions of an act entitled "An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the Territory northwest of the Ohio," and for other purposes. *

SEC. 1. Be it enacted by the Senate and House of RepreMarch, 1804, chap. sentatives of the United States of America in Congress asThe provisions of Sembled, That the several provisions of an act entitled "An the act mentioned act giving a right of pre-emption to certain persons who until 1st of March, have contracted with John Cleves Symmes, or his associates, modifications. for lands lying between the Miami rivers, in the Territory Ante, chapter 57. northwest of the Ohio," shall be, and the same are hereby, continued in force until the first day of March next, subject to the modifications contained in this act.

1803, subject to

The provisions of the act referred to

sons claiming

Ludlow's survey,

&c. prior to Janua

&c., who have not

SEC. 2. And be it further enacted, That the provisions extended to per- of the said act shall be, and the same are hereby, extended lands lying with to all persons claiming lands lying between the Miami rivers out the limits of and without the limits of Ludlow's survey, by purchase or &c., by purchase, contract made prior to the first day of January, one thousand ry 1, 1800, &c. eight hundred, with John Cleves Symmes or his associates. Persons claiming, SEC. 3. And be it further enacted, That every person obtained certifi- claiming lands, as aforesaid, either within or without the notice on or before limits of Ludlow's survey, and who have not obtained a certhe 1st of Novem- tificate of the right of pre-emption therefor, shall, on or before the first day of November next, give notice of the nature and extent of his claim, in manner prescribed by the The receiver of second section of the said act. And the receiver of public commissioners to moneys and commissioners appointed under the fourth secmeet at Cincinnati, tion of the said act shall meet at Cincinnati on the second

cates, &c., to give

ber, 1802, &c.

public moneys and

&c.

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