« ПредишнаНапред »
(ACT of May 10th, 1800.)
said lands; or further than merely to pass the tide of the United States thereto.
ACT of May 10th, 1800. 3 Bioren, 385.
An act to amend the act, entitled " 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." [Supra, 10.]
20. Sec. I. For the disposal of the lands of the United States, directed to be sold by the act, entitled "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 Chilicothe, 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 north-west corner of the first township of the second range, to the said military lands; and one at Stubenville, 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. [Altered as to Marietta, See military bounty lands, 22.]
21. Sec. nt. The surveyor general shall cause the townships west of the Muskingum, which, by the abovementioned 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 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 abovementioned 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
(ACT of May tOth, 1800.)
Hot extend, six miles, the excess or deficiency shall be speciallynoted, 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 Iv. v. vt. [Lands to be sold at the times and places designated.]
22. Sec. vii. It shall be the duty of the registers of the land offices respectively to receive and enter on books kept for that purpose only, and on which no blank leaves or space shall 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 moneys appointed for that purpose, for three dollars for each half section such person or persons may apply for, and for at least one-twentieth 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 money 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 ap
iily at the same time for the same tract, the register shall immediatey determine by lot, in presence of the parties, which of them shall have preference. He shall file the receipt for moneys 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 abovementioned, 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 twenti(ACT of May 10th, 1800.)
eth 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 be duly discharged, the purchaser, or his assignee, or other regal representative, shall be entitled to a patent for the said lands: he shall, also, upon any subsequent payment being made, and a receipt from the receiver being produced to him,; file the original receipt, give a receipt for the same to the party, and enter the same to the credit of the party, in a book kept for that purpose, in which he shall open an account in the name of each purchaser, for each section or half section that may be sold, either at public or private sale, and in which he shall charge the party for the whole purchase money, and give him credit for all his payments, making the proper charges and allowances for interest or discount, as the case may be, accotding to the provisions of the fourth section of this act; and upon the payment being completed and the account finally settled, he shall give a certificate of the same to the party; and on producing, to the secretary of the treasury, the same final 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. \_Infra.ft\
Sec. Viii. The registers of the land offices, respectively, shall also note, on the book of surveys, or original plat transmitted to them, every tract which may be sold, by inserting the letter A on the day when the same is applied for, and the letter P on the day when a receipt for one-fourth part of the purchase money is produced to them, and by crossing the said letter A on the day when the land shall revert to the United States, on failure of the payment of one-fourth part of the purchase money within three months after the date of application. And the said book of surveys, or original plat, shall be open, at all times, in presence of the register, for the inspection of any individual applying for the . same and paying the proper fee.
Sec. Ix. It shall be the duty of the registers of the land offices to transmit, quarterly, to the secretary of the treasury, and to -the surveyor general, an account of the several tracts applied for, of the several tracts for which the payment of one-fourth part of the purchase money has been made, of the several tracts which have reverted to the United States on failure of the said payment; and also, an account of all the payments of moneys by them entered, according to the receipts produced to them, specifying the sums of money, the names of the persons paying the same, the names of the officers who have received the same, and the tracts for which the same have been paid.
(ACT of May 10th, 1800.)
Sec. x. The registers aforesaid shall be precluded from entering on their books any application for lands in their own name, and in the name of any other in trust for them; and if any register shall wish to purchase any tract of land, he may do it by application in writing to the surveyor general, who shall enter the same on books kept for that purpose by him, who shall proceed in respect to such applications, and to any payments made for the same, in the same manner which the registers by this act are directed to follow, in respect to applications made to them for lands by other persons. The registers shall, nevertheless, note on the book of surveys, or original plat, the applications and payments thus by them made, and their right to the pre-emption of any tract shall bear date from the day when their application for the same shall have been entered by the surveyor general in his own book. And if any person applying for any tract shall notwithstanding he shall have received information from the register that the same has already been applied for by the said register, or by any other person, insist to make the application, it shall be the duty of the register to enter the same, noting in the margin that the same tract is already purchased; but upon application of the party, made in writing, and which he shall file, he may and shall, at any future time, enter under its proper date, that the party withdraws his former application, and applies in lieu thereof for any other tract: Provided always, That the party shall never be allowed thus to withdraw his former application, and to apply in lieu thereof for another tract, except when the tract described in his former application shall have been applied for previous to the date of that his former application.
23. Sec. xt. The secretary of the treasury shall and may pre- scribe such further regulations, in the manner of keeping books and accounts, by the several officers in this act mentioned, as to him may appear necessary and proper, in order fully to carry into effect the provisions of this act.
24. Sec. xn. The registers of the land offices, respectively, shall be entitled to receive from the treasury of the United States, onehalf per cent, on all the moneys expressed in the receipts by them filed and entered, and of which they shall have transmitted an account to the secretary of the treasury, as directed by this act.
Sec. xv. The lands of the United States reserved for future disposition, may be let upon leases by the surveyor general, in sections, or half sections, for terms not exceeding seven years, on condition of making such improvements as he shall deem reasonable.
25. Sec. xvi. Each person who, before the passing of this act, shall have erected, or begun to erect, a grist mill or saw mill upon any of the lands herein directed to be sold, shall be entitled to the pre-emption of the section, including such mill, at the rate of two dollars per acre: Provided, the person or his heirs, claiming (ACT of March 26th, 1804.)
such right of pre-emption, shall produce, to the register of the land office, satisfactory evidence that he or they are entitled thereto, and shall be subject to and comply with the regulations and provisions by this act prescribed for other purchasers.
26. Sec. Xvu. So much of the " 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," as comes within the purview of this act, is hereby repealed.
ACT of March 26, 1804. 3 Bioren, 596.
An act making provision for the disposal of the public lands in the Indiana territory; and for other purposes.
27. Sec. I. The powers vested by law in the surveyor general, shall extend over all the public lands of the United States to which the Indian title has been, or shall hereafter be, extinguished, north of the river Ohio, and east of the river Mississippi; and it shall be the duty of the said surveyor general, to cause the said lands to be surveyed into townships six miles square, and divided in the same manner, and under the same regulations, and to do and perform all such other acts in relation to the said lands, as is provided by law in relation to the lands of the United States situate northwest of the river Ohio and above the mouth of Kentucky river: Provided, That 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. And prwided, also, That such tracts of land as are lawfully claimed by individuals within the said boundaries, and the title whereto has been, or shall be recognised by the United States, shall be laid out and surveyed at the expense of the parties, respectively, in conformity with the true boundaries of such tracts. And it shall also be the duty of the said surveyor general to cause to be run, surveyed, and marked, such of the Indian boundary lines of the said lands, as have not yet been surveyed; and, with the approbation of the president of the United States, to ascertain by astronomical observations, the positions of such places north of the river Ohio, and east of the river Mississippi, as may be deemed necessary for the correctness of the surveys, and to be the most important points of the geography of the country.
28. Sec. Ii. For the disposal of the lands of the United States north of the river Ohio and east of the river Mississippi, in the Indiana territory, three land offices shall be established in the same, one at Detroit, for the lands lying north of the state of Ohio, to which the Indian title has been extinguished; one at Vinctnnes, for the lands to which the Indian title has been extinguished, and which are included within the boundaries fixed by the treaty lately held with the Indian tribes of the Wabash; and one at Kaskaskia, for so much of the lands included within the