half per cent. to re able by the par 26, 1804, section 14, the land offices, respectively, shall be entitled to receive from Allowance of one the Treasury of the United States one half per cent. on all gisters, &c. 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; and they shall further be entitled to receive, for their own Register's fees payuse, from the respective parties, the following fees for ser- ties, &c. vices rendered, that is to say:* for every original application See act of March for land, and a copy of the same, for a section three dollars, chapter 69. for a half section two dollars; for every certificate stating that the first fourth part of the purchase-money is paid, twentyfive cents; for every subsequent receipt for moneys paid, twenty-five cents; for the final settlement of account, and giving the final certificate of the same, one dollar; for every copy, either of an application or of the description of any section or half section, or of the plat of the same, or of any entry made on their books, or of any certificate heretofore given by them, twenty-five cents for each; and for any general inspection of the book of surveys, or general plat, made in their presence, twenty-five cents. public sales to re per day whilst en SEC. 13. And be it further enacted, That the superintend- Superintendents of ents of the public sales to be made by virtue of this act, and ceive five dollars the superintendents of the sales which have taken place by gaged, &c. virtue of the act entitled "An 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," +Chapter 42. shall receive five dollars a day for every day whilst enga lowance to super ged in that business; and the accounting officers of the Treas- A reasonable alury are hereby authorized to allow a reasonable compensa- intendents, for sta tion for books, stationery, and clerk hire, in settling the ac- &c. counts of the said superintendents. tionery, clerk hire, be accounted for SEC. 14. And be it further enacted, That the fee to be Fees for patents to paid for each patent, for half a section, shall be four dollars, by the receiver, and for every section five dollars, to be accounted for by the receiver of the same.‡ &c. See act of March 26, 1804, section 15, chapter 69, post. Lands reserved leases, &c. SEC. 15. And be it further enacted, That the lands of the United States reserved for future disposition may be let upon 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. to erect, grist or to pre-emption, SEC. 16. And be it further enacted, That each person Persons who have who, before the passing of this act, shall have erected, or be- erected, or begun gun to erect, a grist mill or saw mill upon any of the lands saw mills, entitled herein directed to be sold, shall be entitled to the pre-emp- provided, &c. tion of the section including such mill, at the rate of two dollars per acre: Provided, The person, or his heirs, claiming 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. (1) (1) See Part II, Nos. 15, 42, 56, 57, 58, 60, 64, 72, 77, 88, 93, 155. SEC. 17. And be it further enacted, That 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, be, and the same is hereby, repealed. Approved, May 10, 1800. [See Part II, Nos. 13, 64, 70, 153, 154, 156, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171, 173, 174, 175, 184, 187, 188, 194, 195, 196, 202, 210, 211, 217, 227, 228, 231, 240, 251, 297, 298, 299, 300, 311, 313, 318, 322, 324, 342, 348, 357, 358, 395, 416, 420, 440, 486, 612, 623, 728, 729, 732, 733, 735, 736, 738, 739, 740, 742, 743, 744, 745, 746, 747, 748, 758, 759, 760, 777, 781, 785, 794, 801, 802, 803, 804, 805, 806, 807, 809, 810, 819, 824, 835, 838, 900, 905, 908, 912, 944, 948, 962, 980, 996.] +See act of March 3, 1807, chap. 89. on surveys made ginia, &c., on war services, issued in lutions of the Le State, &c. CHAP. 55.-An act to authorize the issuing certain patents.† SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPatents may issue sembled, That it shall be lawful, and the proper officer is within the territo- hereby authorized, to issue patents on surveys which have ry reserved by Vir been or may be made within the territory reserved by the rants for military State of Virginia, northwest of the river Ohio, and being pursuance of reso- part of her cession to Congress, on warrants for military sergislature of that vices, issued in pursuance of any resolution of the Legislature of that State, previous to the passing of this act, in favor of persons who had served in the Virginia line on the Proviso as to the continental establishment: Provided, That the whole quanquantity of land to tity of land for which patents shall issue, by virtue of this be patented, and the deposite of sur act, shall not exceed sixty thousand acres; and that the surveys aforesaid shall be completed and deposited in the office. of the Secretary of War on or before the first day of December, one thousand eight hundred and three: And proProviso; this act vided, also, That this act shall not give any force or validity to entries, &c. in- to the entries, locations, or surveys, heretofore made in pursons claiming un- suance of these warrants, so far as such entries, locations, or surveys, interfere in any manner with those of persons claiming the same lands under entries, locations, or surveys, heretofore made in pursuance of warrants granted by the State of Virginia to the officers and soldiers in the line of that State on continental establishment. veys. not to give validity terfering with per der entries heretofore made, &c. In case of eviction, warrants may be tered elsewhere, &c. SEC. 2. And be it further enacted, That in every case of withdrawn and en- interfering claims, under military warrants, to lands within the territory so reserved by the State of Virginia, when either party to such claims shall lose, or be evicted from, the land, every such party shall have a right, and hereby is authorized, to withdraw his, her, or their warrant, respectively, to the amount of such loss or eviction, and to enter, survey, and patent the same, on any vacant land within the 1 bounds aforesaid, and in the same manner as other warrants [See Part II, Nos. 2, 37, 108, 113, 114, 115, 116, 121, 236, 237.] CHAP. 56.-An act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia.* *See act of April 7, 1798, ante, chap. 45. The surveyor gencause the fractiontioned to be subdivided, and to re eral directed to al townships men turn a survey, &c. the Treasury, &c. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as sembled, That the surveyor general be, and he is hereby, directed to cause those fractional townships of the sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, to the Secretary of and twenty-second, ranges of townships, which join the southern boundary line of the military lands, to be subdivided into half sections, containing three hundred and twenty acres each; and to return a survey and description of the same to the Secretary of the Treasury, on or before the first Monday of December next; and that the said lands be, and The lands to be set they are hereby, set apart and reserved for the purpose of the claims of perapart for satisfying satisfying the claims of persons entitled to lands under the sons under the act act entitled "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia." mentioned, &c. +Ante, chapter 45. the Treasury, &c. of the per entitled, &c. SEC. 2. And be it further enacted, That the Secretary of the The Secretary of Treasury shall, within thirty days after the survey of lands to determine, by shall have been returned to him as aforesaid, proceed to de- lotion priority of termine, by lot, to be drawn in the presence of the Secreta- sons ries of State and of War, the priority of location of the persons entitled to land as aforesaid. The persons thus entitled shall severally make their locations on the second Tuesday Patents to be grant of January next, and the patents for the lands thus located ed, &c. without fee, shall be granted in the manner directed for military lands, without requiring any fee whatever. &c. mentioned entitled the quantities of land specified, &c. See chapter 65. SEC. 3. And be it further enacted, That the following per- The claimants sons claiming lands under the above-mentioned act shall, re- to spectively, be entitled to the following quantities of land,‡ that is to say: Martha Walker, widow of Thomas Walker, John Edgar, P. Francis Cazeau, John Allen, and Seth Harding, respectively, two thousand two hundred and forty acres each; Jonathan Eddy, Colonel James Livingston, and Parker Clark, respectively, one thousand two hundred and eighty acres each; and the heirs of John Dodge, one thousand two hundred and eighty acres; Thomas Faulkner, Edward Faulkner, David Gay, Martin Brooks, Lieutenant Colonel Bradford, Noah Miller, Joshua Lamb, Atwood Fales, John Starr, William How, Ebenezer Gardner, Lewis F. Delesdernier, John McGown, and Jonas C. Minot, respectively, nine hundred and sixty acres each; and the heirs of Simeon Chester, nine hundred and sixty acres; Jacob Vander Heyden, John Livingston, James Crawford, Isaac Danks, 1 Major B. Von Heer, Benjamin Thompson, Joseph Bindon, Joseph Levittre, Lieutenant William Maxwell, John D. Mercier, James Price, Seth Noble, Martha Bogart, relict of Abraham Bogart, and formerly relict of Daniel Tucker, and John Halsted, respectively, six hundred and forty acres each; David Jenks, Ambrose Cole, James Cole, Adam Johnson, the widow and heirs of Colonel Jeremiah Duggan, Daniel Earl, junior, John Paskell, Edward Chinn, Joseph Cone, and John Torreyre, respectively, three hundred and twenty acres each; Samuel Fales, one hundred and sixty acres; All the tracts, ex- which several tracts of land shall, except the last, be located in half sections by the respective claimants. Approved, February 18, 1801. cept the last, to be located in half sections, &c. [See Part II, Nos. 157, 734.] *The provisions of this act continued, subject to modifica tions. See act of May 1, 1802, chap. section 7. tives, who, before 1800, had made written with John Cleves ment of money, preference in be. of the lands so con &c. †See chapter CHAP. 57.-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 of the United States northwest of the Ohio.* SEC. 1. Be it enacted by the Senate and House of Repre60, and chapter 64, sentatives of the United States of America in Congress asPersons, and their sembled, That any person or persons, and the legal reprelegal representa sentative or representatives of any person or persons, who, the 1st of January, before the first day of January, in the year of our Lord one contracts thousand eight hundred, had made any contract or contracts, Symmes, &c., or in writing, or by any note or memorandum thereof, in wriwho had made pay- ting, either with John Cleves Symmes, or with any of his &c., entitled to a associates, or who had made to him or them any payment of coming purchasers money, for the purchase of lands situate between the Miami tracted for, at two rivers, within the limits of a survey made by Israel Ludlow, dollars per acre, in conformity to an act of Congress of the twelfth of April, one thousand seven hundred and ninety-two, and not comprehended within the limits of a tract of land conveyed to John Cleves Symmes and his associates, by letters patent, bearing date the thirtieth of September, one thousand seven See chapter 36. hundred and ninety-four, in the Territory of the United States northwest of the Ohio, shall be entitled to a preference, in becoming the purchasers from the United States, of all the lands so contracted for, at the price of two dollars per acre, exclusive of the surveying fees and other incidental Payment may be expenses; and payment may be made therefor to the Treasurer of the United States, or the receiver of public moneys for the lands of the United States at Cincinnati, in like inSee act of March stalments and under the same conditions§ as directed by the 26, 1804, sections 7, 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 Kentucky river:"|| Provided, however, That no interest shall be charged upon any of the instalments until they respectively become payable. made as directed by the act mentioned, &c. 8, chap. 69, post. Ante, chapter 51. Proviso; no inter est on instalments until due. SEC. 2. And be it further enacted, That every person the benefit of the written notice to the receiver at Cin to give notice, &c., claiming the benefit of the first section of this act shall, on Persons claiming or before the first day of November next, deliver to the re- 1st section of this ceiver of public moneys for the lands of the United States act to deliver a at Cincinnati, a notice, in writing, stating the nature and ex-cinnati, &c. tent of his claim or contract; and if any person shall neglect Persons neglecting to give such notice of his claim or contract, or, having given forfeit their right of the same, shall neglect to make application for the purchase pre-emption, &c. thereof, as hereinafter directed, or shall fail in making the first payment before the first of January next, all his right of preemption, on the terms aforesaid, shall cease and become void. SEC. 3. And be it further enacted, That the aforesaid re- The receiver, &c., on being paid the ceiver of public moneys, on being paid the fees hereinafter fees, to receive noprovided, shall receive every such notice of claim, or statement thereof, and give a receipt therefor, and carefully put and preserve on file every such paper or writing, and lay the same before the commissioners, when met, for settling and adjusting the claims aforesaid. tice, and give a re ceipt, &c. two other persons the President, to SEC. 4. And be it further enacted, That the aforesaid re- The receiver, and ceiver of public moneys, and two other persons, who shall to be appointed by be appointed by the President of the United States alone, be commissioners shall be commissioners for the purpose of ascertaining the for ascertaining the rights of persons claiming the benefits of this act, who, pre- &c. vious to entering on the duties of their appointment, shall, Commissioners to respectively, take and subscribe the following oath or affirm- take an oath. ation, before some person qualified to administer oaths, to rights of claimants, ers to meet at Cin ers not to adjourn wit: "I, do solemnly swear (or affirm) that I will im- Form of the oath. partially exercise and discharge the duties imposed upon me by an act of Congress entitled An act giving a right of preemption to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers, in the Territory of the United States northwest of the Ohio,' to the best of my understanding and ability." And it shall be the duty of the said commissioners to The commissionmeet at Cincinnati, between the first and tenth day of No- cinnati, &c. vember next, of which meeting three weeks' previous notice shall be given by them, in a public newspaper printed at Cincinnati; and they, or a majority of them, so met, shall The commissionnot adjourn to any other place, or for a longer time than to another place, &c., until they three days, until they have finally completed the business of have finally com their said appointment; and they, or any two of them, shall pleted the busi have power to hear and decide, in a summary manner, all Powers and duties matters respecting all such claims of which notice may have of the commissionbeen filed, pursuant to the third section of this act; also, to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity, which determination shall be final; and when it shall appear to them that the claimant is entitled to the right of pre-emption, on the terms aforesaid, they shall give a certificate thereof, stating, as accurately as may be, the quantity and local situation of the lands to which he may be entitled, directed to the register of the land office at Cincinnati, or, when the said register may be a claimant, to ness, &c. ers, &c. |