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sury, within six months, warrants whickt issued for army bounty rights sufficient for that purpose, according to the provision of the resolves of congress of the twenty-third of July, and second of October, one thousand seven hundred and eighty-seven ; but in case, so many warrants should not be delivered, then the letters patent last aforesaid to be giyen for such number of acres, as shall be in proportion to the warrants so delivered.
13. Sect. III. The president shall be, and he is hereby authorized and empowered, by letters patent as aforesaid, to grant and convey unto the said John Cleves Symmes and his associates, their heirs and assigns, in trust for the purpose of establishing an academy and other public schools and seminaries of learning, one complete township, conformably to an order of congress of the second of October, one thousand seven hundred and eighty-seven, made in consequence of the application of the said John Cleves Symmes, for the purchase of the tract aforesaid.
14. Sect. IV. The several quantities of land, to be granted and conveyed as aforesaid, shall be included and located within such limits and lines of boundary, as the president may judge expedient, agreeably to an act passed the twelfth day of April, one thousand seven hundred and ninety-two, “for ascertaining the bounds of a tract of land purchased by John Cleves Symmes.” [See antea 10.}
ACT of March 2, 1799. (Vol. IV. p. 494.*) 15. Sect. I. Any person or persons, who, before the first day of April, in the year one thousand seven hundred and ninety-seven, had made any contract or contracts, in writing, with John Cleves Symmes, for the purchase of lands between the Great and Little Miami rivers, which are not comprehended in his patent, dated the thirtieth day of September, one thousand seven hundred and ninety-four, shall be entitled to a preference, in purchasing of the united states, all the lands so contracted for, at the price of two dollars an acre, to be paid to the treasurer of the united states,as follows: One third part of the purchase money, on or before the first day of September next; one other third part in one year from the said first day of September; and the ren on ing third part in two years from the said first day of September; waichi two last payments shall be secured in the manner pointed out and directed by the act, entitled, “An act for providing for the sale of the lands of the united states in the territory north-west of the river Ohio, and above the mouth of Kentucky river.” And upon each payment, the same evidences of purchase and title shall be given to the purchasers; respectively, as to purchasers under the said recited asto
16. Sect. II. Each and every person claiming the benefit of this act, shall, on or before the first day of September next, give notice, in writing, to the secretary of the treasury, or to the surveyor-general, that they claim the righi of pre-emption, by this act offered, and do assent to the terms of sale established by this act. And if any person
* See the next act (20, and seq.) which alters and extends this law:
shall neglect to give the said notice, or shall fail in making the first payment, as before directed, all right of pre-emption shall cease, and become void; and the lands shall be surveyed and sold agreeably to the directions of the before recited act.
17. Sect. III. The surveyor-general shall, as soon as may be, after the receipt of the notice aforesaid, lay off and survey the said lands, agreeably to the directions of the said recited act, unless the said lands have been heretofore surveyed and laid off by the said contractors or settlers ; in which case, the surveyor-general shall survey the outlines of such tract or tracts, so as to ascertain the contents, and shall cause the same to be recorded and deposited, as in and by the said recited act, is directed for the plats and surveys made under that act.
18. SECT. IV. It may be lawful for the secretary of the treasury to credit the said purchasers with such reasonable sum or sums of money as have been expended in surveying the said land; provided the same does not exceed the sums allowed by the united states to their own surveyors for the like services.
19. Sect. V. The evidences of the public debt of the united states shall be receivable in payment for the said lands, agreeably to the direclions of an act, entitled, “ An act to authorize the receipt of evidences of the public debt in payment for the lands of the united states." [See postea 53.]
ACT of March 3, 1801. (Vol. V. p. 281.) 20. Sect. I. Any person or persons, and the legal representative or representatives of any person or persons, who, before the first day of January in the year of our Lord one thousand eight hundred, had made any contract or contracts in writing, or by any note or memorandum thereof in writing, either with John Cleves Symmes, or with any of · his associates, or who had made to him or them, any payment of money for the purchase of lands, situate between the Miami rivers, within the limits of a survey made by Israel Ludlow, 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 track of land, conveyed to John Cleves Symmes and his associates by letters patent, bearing date the thirtieth of September, one thousand seven 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 expenses ; and payment may be made therefor, to the treasurer of the united states, or the receiver of public monies for the lands of the united states at Cincinnati, in like instalments, and under the same conditions, as directed 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 north-west of the Ohio, and above the mouth of Kentucky river;" Provided hourver, That no interest shall be charged upon any of the instalments until they respectively become payable.
21. Sect. II. Every person, claiming the benefit of the first section of this act, shall, on or before the first day of November next, deliver to the receiver of public monies, for the lands of the united states at Cincinnati, a notice in writing, stating the nature and extent of his claim or contract; and if any person shall neglect to give such notice of his claim or contract, or having given the same, shall neglect to make application for the purchase thereof, as hereinafter directed, or shall fail in making the first payment before the first of January next, all his right of pre-emption, on the terms aforesaid, shall cease and become void.
22. Sect. III. The aforesaid receiver of public monies, on being paid the fees hereinafter provided, 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.
23. Sect. IV. The aforesaid receiver of public monies, and two other persons, who shall be appointed by the president of the united stales alone shall be commissioners for the purpose of ascertaining the rights of persons claiming the benefits of this act, who, previous to entering on the duties of their appointment, shall respectively take and subscribe the following oath or affirmation, before some person qualified to administer oaths, to wit, “I do solemnly swear, or affirm, that I will impartially 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 north-west of the Ohio," to the best of my understanding and ability ;” and it shall be the duty of the said commissioners to meet at Cincinnati, between the first and the tenth day of November 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 not adjourn to any other place, or for a longer time than three days, until they have finally completed the business of their said appointment; and they, or any two of them, shall have power to hear and decide, in a summary manner, all matters respecting all such claims of which notice may have been 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 determin nation shall be final ; and when it shall appear to them, that the claim. ant 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 the surveyor-general, copies of wbich 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
24. Sect. V. The aforesaid register and surveyor-general, respec: tively, upon application of any person or persons, who shall produce a certificate of the commissioners' aforesaid, to him directed, before the first day of January next, and shall also produce a receipt from the treasurer of the united states, or the aforesaid receiver of public monies, 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 Kentucky 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 sedion of the act last above recited; and on payment in full, and a 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.
25. Sect. VI. The said receiver of public monies 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 an half cents for every one hundred 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 seclion; for every certificate, and recording the same, at the rate of one dollar for every section.
26. SECT. VII. All the aforesaid 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,
Ist. 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 surveyorgeneral, and eastwardly and westwardly lines shall be run to intersect the aforesaid northwardly and southwardly lines, in the corresponding
marked points. m; 2d. And the residue of the said tract, lying north of the aforesaid
southern boundary of the seventh entire range, shall be laid off into sections, according to such uniform rule and method, as, in the opinion of the surveyor-general, shall best secure the rights and interest of Those who are entitled to pre-emption.
3d. Such divisions shall be made of seclions, according to the claim of such who obtain pre-emption right, and the contents of each and every section, and such division thereof, shall be ascertained, and the surveyor-general shall prepare 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.
27. Sect. VIII. All persons, availing themselves of a pre-emption under this act, shall make application for a section, or any part or parts of a section or sections, according to the estimated quantity of six hundred and forty acres to a section, and the amount of the excess or 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.
28. Sect. IX. The duties of the surveyor-general, of the aforesaid register and receiver of public monies, as nearly as may be consistent with this act, shall respeclively be the same as directed in and by the last recited act, and the fees and emoluments shall respectively be the same as provided in the said act last recited, [See postea 54, and seq.]
29. Sect. X. After completing the surveys, agreeably to this act, reserving the lots marked sixteen in each township, or fractional part of a township, in which the same may be, for the purposes expressed in the ordinance of congress of the twentieth of May, one thousand seven hundred and eighty-five, the residue of the lands, 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.
30. SECT. XI. This act shall have full operation and effect, any thing in any former law to the contrary notwithstanding,
ACT of May 1, 1802. (Vol. VI. p. 139.) 31. Sect. I. The several 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 north-west 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.
32. SECT. II, The provisions of the said act shall, and the same are hereby extended to all persons claiming lands lying between the Miami rivers, and without the limits of Ludlow's survey, by purchase or contract made prior to the first day of January, one thousand eight hun. dred, with John Cleves Symmes or his associates,
33. Sect. III. Every person claiming lands as aforesaid, either within or without the limits of Ludlow's survey, and who have not obtained a certificate 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 second section of the said act. And the receiver of public monies, and commissioners appointed under the fourth section of the said act, shall meet at Cincin,
* See preceding act (20, and seq.)