(ACT of February 11th, 1805.)

●ther final disposition made of the same; in every such case, the like process shall issue to the succeeding marshal, and the same proceedings shall be had as if such former marshal had not died or been removed, or the term of his commission had not expired: And the provisions in this section contained shall be extended to all the cases, respectively, which may have happened before the passing of this act.

ACT of February 11, 1805. 3 Bioren, 637.

An act concerning the mode of surveying the public lands of the United States.

SEC. 1. [See LANDS, north west of the Ohio.]

4. SEC. II. The boundaries and contents of the several sections, half sections, and quarter sections, of the public lands of the United States, shall be ascertained in conformity with the following principles, any act or acts to the contrary notwithstanding.

1st. All the corners marked in the surveys, returned by the surveyor general, or by the surveyor of the land south of the state of Tennessee, respectively, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half and quarter sections, not marked on the said surveys, shall be placed as nearly as possible equidistant from those two corners which stand on the same line.

2d. The boundary lines, actually run and marked in the surveys returned by the surveyor general, or by the surveyor of the land south of the state of Tennessee, respectively, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended; and the length of such lines, as returned by either of the surveyors aforesaid, shall be held and considered as the true length thereof. And the boundary lines, which shall not have been actually run and marked as aforesaid, shall be ascertained, by running straight lines, from the established corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running, from the established corners, due north and south, or east and west, lines, as the case may be, to the water course, Indian boundary line, or other external boundary of such fractional township.

3d. Each section, or subdivision of section, the contents whereof shall have been, or, by virtue of the first section of this act, shall be, returned by the surveyor general, or by the surveyor of the public lands south of the state of Tennessee, respectively, shall be held and considered as containing the exact quantity expressed in such return or returns: and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one half, or the one-fourth,

(ACT of April 18th, 1806.)

part, respectively, of the returned contents of the section of which they make part.

ACT of March 3, 1807. 4 Bioren, 118.

An act to prevent settlements being made on lands ceded to the United States, until authorised by law.

5. SEC. 1. If any person or persons shall, after the passing of this act, take possession of, or make a settlement on, any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, which lands shall not have been previously sold, ceded, or leased, by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognised and confirmed by the United States: or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled; or shall survey or attempt to survey, or cause to be surveyed, any such lands, or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorised by law, such offender or offenders shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or cause to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall have designated, or cause to be designated, by marking trees or otherwise. And it shall moreover be lawful for the president of the United States to direct the marshal, or officer acting as marshal, in the manner hereinafter directed, and also to take such other measures, and to employ such military force as he may judge necessary and proper, to remove from lands ceded, or secured to the United States, by treaty or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make, a settlement thereon, until thereunto authorized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings. [Infra, 12.]

SEC. 11. [Persons that had made settlements on lands ceded to the United States, allowed to remain until January 1, 1808.]

ACT of April 18, 1806. 4 Bioren, 68.

6. SEC. 1. So much of any act or acts as authorise the receipt of evidences of the public debt, in payment for the lands of the United States, shall from and after the thirtieth day of April, one thousand eight hundred and six, be repealed. Provided, That the right of all persons, who may have purchased public lands previous to the passage of this act, to pay for the same in stock, shall in nowise be

(ACT of January 14th, 1812.)

affected or impaired: And provided further, that there shall be allowed on every payment made in money, at or before the same shall fall due for lands purchased before the thirtieth day of April, 1806, in addition to the discounts now allowed by law, a deduction equal to the difference at the time of such payment between the market price of six per cent. stock, and the nominal value of its unredeemed amount; which market price shall, from time to time, be stated by the secretary of the treasury, to the officers of the several land offices.

ACT of March 31, 1808. 4 Bioren, 159.

An act concerning the sale of the lands of the United States, &c.

7. SEC. II. Whenever the president of the United States, has been, or may be, authorized to cause the public lands, in any land district to be offered for sale, it shall be lawful, whenever he shall think it convenient, to offer for sale, at first, only a part of the lands contained in such districts, and, at any subsequent time or times to offer for sale, in the same manner any other part of the remainder of the lands contained in the same. [For the remaining sections, see lands north west of the Ohio.]

ACT of March 2, 1809. 4 Bioren, 218.

An act to extend the time for making payment for the public lands of the United States.

8. [Purchasers whose time of payment would expire on or before January 1, 1810, allowed a further time of two years to be counted from the expiration of one year after their last payment would have become due.]

ACT of April 30, 1810. 4 Bioren, 289.

An act to extend the time for making payment, &c.

[Purchasers prior to January 1, 1806, of lands not exceeding six hundred and forty acres, whose time of payment would expire on or before January 1, 1811, allowed a further time of two years, to be counted from the expiration of one year after their last payment would have been due.

And in case of tracts not exceeding six hundred and forty acres, which had reverted to the United States for default of payment, since January 1, 1810, the purchaser may enter the same tracts, on or before June 1, 1810, and have credit for moneys paid, provided the land had not been re-sold. [Infra, 11, &c.]

ACT of January 14, 1812. 4 Bioren, 372.

An act directing the terms on which lands sold at public sale, and that revert for failure in payment, shall again be sold.

9. SEC. 1. Notract or tracts of the reserved sections or other public

(ACT of April 25th, 1812.)

lands of the United States, that have been, or may hereafter be, sold at public sale, and which may have, or shall, on account of failure to complete the payment of the purchase money, revert to the United States, shall hereafter be sold at private sale, at a price less than that for which the same tract was sold at public sale. [infra, 22.]

ACT of April 25, 1812. 4 Bioren, 418.

An act for the establishment of a general land office, in the department of the treasury.

10. SEC. I. There shall be established in the department of the treasury, an office, to be denominated the general land office; the chief officer of which shall be called the commissioner of the general land office, whose duty it shall be, under the direction of the head of the department, to superintend, execute, and perform all such acts and things, touching or respecting the public lands of the United States, and other lands patented or granted by the United States, as have heretofore, been directed by law to be done or performed in the office of the secretary of state, of the secretary and register of the treasury and of the secretary of war, or which shall hereafter by law be assigned to the said office.

SEC. II. There shall be in the said office an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk of the general land office, who, in all cases, when the said principal office shall become vacant, during such vacancy, shall have the charge and custody of the seal, and of all records, books, and papers, belonging to the said office.

SEC. III. The said principal officer, and every other person to be appointed and employed in the said office, shall, before he enters on the duties of his office or appointment, take an oath or affirmation, truly and faithfully to execute the trust committed to him.

SEC. IV. The said commissioner shall cause a seal of office to be made and provided for the said office, with such device as the president of the United States shall approve; and copies of any records, books, or papers, belonging to the said office, under the signature of the said commissioner, or, when the office shall be vacant, under the signature of the chief clerk, and the said seal, shall be competent evidence in all cases in which the original records, books, or papers, could be evidence.

SEC. V. The said commissioner shall, forthwith after his appointment, be entitled to the custody, and shall take charge of the said seal, and also of all records, books, and papers, remaining in the offices of the secretary of state, of the secretary and register of the treasury, and of the secretary of war, touching or concerning the public lands of the United States; and the said records, books,

(ACT of April 25th, 1812.)

and papers, shall become and be deemed the records, books, and papers, of the said office.

SEC. VI. The said commissioner shall, when required by the president of the United States, or either house of congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands, and concerning the business of his office, as shall be directed.

SEC. VII. In all cases in which land has heretofore, or shall hereafter, be given by the United States for military services, warrants shall be granted to the parties entitled to such land by the secretary of war; and such warrants shall be recorded in the said land office, in books to be kept for the purpose, and shall be located as is or may be provided by law, and patents shall afterwards be issued accordingly.

SEC. VII. All patents issuing from the said office shall be issued in the name of the United States, and under the seal of the said office, and be signed by the president of the United States, and countersigned by the commissioner of the said office, and shall be recorded in the said office, in books to be kept for the purpose.

SEC. IX. All returns relative to the public lands, heretofore directed to be made to the secretary of the treasury, shall hereafter be made to the said commissioner, who shall have power to audit and settle all public accounts relative to the public lands: Provided, That it shall be the duty of the said commissioner, upon the settlement of any such account, to certify the balance, and transmit the account, with the vouchers and certificate, to the comptroller of the treasury, for his examination and decision thereon.

SEC. x. No person appointed to an office instituted by this act, or employed in any such office, shall, directly or indirectly, be concerned in the purchase of any right, title, or interest, in any public land, either in his own right, or in trust for any other person, or in the name or right of any other person in trust for himself, nor shall take or receive any fee or emolument for negotiating or transacting the business of the office. And any person offending in the premises against the prohibitions of this act, shall forfeit and pay one hundred dollars; and, upon conviction, shall be removed from office.

SEC. XI. The commissioner of the said land office shall be appointed by the president of the United States, by and with the advice and consent of the senate; and shall receive an annual salary, equal to the salary of the auditor of the treasury, payable quarterly; and the sum of two thousand two hundred and fifty dollars is hereby appropriated for the said compensation during the year one thousand eight hundred and twelve, to be paid out of any moneys in the treasury, not otherwise appropriated: And the said commissioner shall have the same privilege with the comp