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remaining due, the time when such balance becomes payable; and that the whole land sold will be forfeited, if the said balance is not then paid; but that if it shall be duly discharged, the purchaser, or his assignee, or other legal representative, shall be entitled to a patent for the said lands : And on payment ofthe said balance to the treasurer, within the specified time, and producing to the secretary of state a receipt for the same, upon the aforesaid certificate, the president of the united states įs 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. But if there should be a failure in any payment, the sale shall be void, all the money theretofore paid on account of the purchase shall be forfeited to the united states, and the lands thus sold shall be again disposed of, in the same manner as if a sale had never been made : Provided nevertheless, That should any purchaser make payment of the whole purchase money, at the time when the payment of the first moiety is directed to be made, he shall be entitled to a deduction of ten per centum on the part, for which a credit is hereby directed to be given ; and his patent shall be immediately issued.
48. Sect. VIII. The secretary of the treasury, and the governor of the territory north-west of the river Ohio, shall respectively, cause books to be kept, in which shall be regularly entered, an account of the dates of all the sales made, the situation and numbers of the lots sold, the price at which each was struck off, the money deposited at the time of sale, and the dates of the certificates granted to the different purchas. ers. The governor or secretary of the said territory shall, at every suspension or adjournment, for more than three days, of the sales under their direction, transmit to the secretary of the treasury, a copy of the said books, certified to have been duly examined and compared with the original. And all tracts sold under this act, shall be noted upon the general plat, after the certificate has been granted to the purchaser,
49. Sect. IX. All navigable rivers, within the territory to be disposed of by virtue of this act, shall be deemed to be, and remain public highways ; And in all cases, where the opposite banks of any stream, not navigable, shall belong to different persons, the stream and the bed thereof shall become common to both,
50. Sect, X. The surveyor-general shall receive, for his compensation, two thousand dollars per annum ; and the president of the uni. ted states may fix the compensation of the assistant surveyors, chain, carriers and axe-men: Provided, That the whole expense of surveying and marking the lines, shall not exceed three dollars per mile, for every mile that shall be actually run or surveyed,
51. SECT. XI. The following fees shall be paid for the services to be done under this act, to the treasurer of the united states, or to the receiver in the western territory, as the case may be ; for each certificate for a tract containing a quarter of a township, twenty dollars ; for a certificate for a tract containing six hundred and forty acres, six dollars ; and for each patent for a quarter of a township, twenty dollars ; for a section of six hundred and forty acres, six dollars : And the said fees shall be accounted for by the receivers, respectively,
52. Sect. XII. The surveyor-general, assistant surveyors, and chain carriers, shall, before they enter on the several duties to be performed under this act, severally take an oath or affirmation, faithfully to per. form the same ; and the person, to be appointed to receive the money on sales in the western territory, before he shall receive any money under this act, shall give bond with sufficient security, for the faithful discharge of his trust : For receiving, safe-keeping and conveying to the treasury the money he may receive, he shall be entitled to a compensation to be hereafter fixed.
ACT of March 3, 1797. (Vol. III. p. 405.) 53. The evidences of the public debt of the united states, shall be re. ceivable in payment for any of the lands which may be hereafter sold in conformity to the act, entitleil, « An act 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," at the following rates, viz. the present foreign debt of the united states, and such debt, or stock, as, at the time of payment, shall bear an interest of six per centum per annum, shall be received at their nominal value ; and the other species of debt, or stock of the united states, shall be received, at a rate bearing the same proportion to their respeclive market price, at the seat of government, at the time of payment, as the nominal value of the abovementioned six per centum stock, shall, at the same time, bear to its market price, at the same place; the secretary of the treasury in all cases, determining what such market price is.
ACT of May 10, 1800. (Vol. V. p. 174.) 54. Sect. 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 north-west of the Olio and above the mouth of Kentucky river," there shall be four land-onces established in the said territory: One at Cincinnati, for lands below the Little Miami which have not heretofore been granted; ore at Chilicothe, for lands east of the Sciota, south of the lands appropri. ated 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 saici military lands; and one at Steubenville, 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 du. ties of his office; and shall reside at the place where the land office is directed to be kept.
55. Sect. II. It shall be the duty of the surveyor-general, and be is hereby expressly enjoined, to prepare and transmit to the registers of the several land offices, before the days herein appointed for commencing sales, general plats of the lands hereby directed to be sold at the said offices respedively, and also to forward copies of each of the said plats to the secretary of the treasury.
56. SECT. III. The surveyor-general shall cause the townships west of the Muskingum, which by the above mentioned 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 paraliel 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 above mentioned 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 town. ships 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 not extend six miles, the excess or deficiency shall be specially noted, 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 axemen : Provided, The whole expense of surveying and marking the lines, shall not exceed three dollars, for every mile that shall be actually run, surveyod and marked.
57. Sect. IV. The lands thus subdivided (excluding the sections reserved by the above mentioned aci) shall be offered for sale in sections and half sections, subdivided as before directed at the following places and times, that is to say ; those below the Little Miami shall be oiter. ed at public vendue, in the town of Cincinnati, on the first Monday of April, one thousand eig!t hundred and one, under the direction of the register of the land olsce there established, and of either the governor/ or secretary of the north-western territory : The lands east of Sci. cta, south of the inilitary lands, and west of the fifteenth range of town. ships, shall be offered in like manner for sale at Chilicothe, on the first Monday of May, one thousand eight hundred and one, under the direction of the register of the land office there established, and of either the governor or secretary of the said territory : The lands east of the sixteenth range of townships, south of the military lands and west of the Muskingum, including all the townships interscaled by that river, shall be offered for sale in like manner at Marietta, on the last Monday of May, one thousand eight hundred and one, under the direction of the
governor or secretary, or surveyor-general of the said territory. The sales shall remain open at each place for three weeks and no longer. The superintendents shall observe the rules and regulations of the a. bove mentioned act, in classing and selling fractional with entire sec, tions, and in keeping and transmitting accounts of the sales. All lands, remaining unsold, at the closing of either of the public sales, may be disposed of at private sale by the registers of these respective land-offices, in the manner herein after prescribed ; and the register of the land-office at Steubenville, after the first day of July next, may proceed to sell at private sale, the lands situate within the district assigned to his direction as herein before described, disposing of the same in sections, and classing fractional with entire sections, according to the provisions and regulations of the above mentioned act and of this act: And the register of the land office at Marietta, after the said first day of July next, may proceed to sell at private sale, any of the lands with in the district assigned to his direction as aforesaid, which are east of the river Muskingum, excluding the townships intersected by that river, disposing of the same in sections, and classing fractional with entire sections as aforesaid.
58. SECT. V. No lands shall be sold by virtue of this act, at either public or private sale, for less than two dollars per acre, and payment may be made for the same by all purchasers, either in specie, or in evidences of the public debt of the united states, at the rates prescribed by the act, entitled, “ An act to authorize the receipt of evidences of the public debt in payment for the lands of the united states ;" and shall be made in the following manner, and under the following con. ditions, to wit.
Ist. At the time of purchase, every purchaser shall, exclusively of the fees hereafter mentioned, pay six dollars for every section, and three dollars for every half section, he may have purchased, for surveying expenses, and deposit one twentieth part of the amount of the purchase money to be forfeited, if within forty days one fourth part of the purchase money, including the said twentieth part, is not paid.
2d. One fourth part of the purchase money shall be paid within forty days after the day of sale as aforesaid; another fourth part shall be paid within two years; another fourth part within three years; and another fourth part within four years after the day of sale.
3d. Interest, at the rate of six per cent. a year, from the day of sale, shall be charged upon each of the three ļast payments, payable as they respectively become due.
4th. A discount, at the rate oíeight per cent. a year, shall be allowed on any of the three last payments, which shall be paid before the same shall become due, reckoning this discount always upon the sum, which would have been demandable by the united states, on the day appointed for such payment,
5th. If the first payment of one fourth part of the purchase money shall not be made within forty days after the sale, the deposit, pay. ment and fees, paid and made by the purchaser, shall be forfeited, and the lands shall and may, from and after the day, when the payment of one fourth part of the purchase money should have been made, be
disposed of at private sale, on the same terms and conditions, and in the same manner as the other lands directed by this act to be disposed of at private sale : Provided, That the lands which shall have been sold at public sale, and which shall, on account of such failure of payment, revert to the united states, shall not be sold at private sale, for a price less than the price that shall have been offered for the same at public
6th. If any tract shall not be completely paid for within one year after the date of the last payment, the tract shall be advertized for sale by the register of the land-office, within whose district it may lie, in at least five of the most public places in the said district, for at least thirty days before the time of sale : And he shall sell the same at public vendue, during the sitting of the court of quarter sessions of the county in which the land-office is kept, for a price not less than the whole arrears due thereon, with the expenses of sale ; the surplus, if any, shall be returned to the original purchaser, or to his legal representative ; but if the sum due, with interest, be not bidden and paid, then the land shall revert to the united states. All monies paid therefor shall be forfeited, and the register of the land-office may proceed to dispose of the same to any purchaser, as in case of other lands at private sale.
59. Sect. VI. All and every the payments, to be made by virtue of the preceding section, shall be made either to the treasurer of the united states, or to such person or officer as shall be appointed by the president of the united states, with the advice and consent of the senate, receiver of public monies for lands of the united states, at each of the places respectively where the public and private sales of the said lands are to be made ; and the said receiver of public monies shall before he enters upon the duties of his office, give bond, with approved security, in the sum of ten thousand dollars, for the faithful discharge of his trust; and it shall be the duty of the said treasurer and receiver of public monies, to give receipts for the monies by them received, to the persons respectively paying the same ; to transmit within thirty days in case of public sale, and quarterly in case of private sale, an account of all the public monies by them received, specifying the amount received from each person, and distinguishing the sums received for surveying expenses, and those received for purchase money, to the secretary of the treasury, and to the registers of the land-office, as the case may be. The said receivers of public monies shall, within three months after receiving the same, transmit the monies by them received to the treasurer of the united states ; and the receivers of public modies for the said sales, and also the receivers of public monies for the sales which have taken place at Pittsburgh under the act, entitled, “ An act providing for the sale of the lands of the united states in the terriritory north-west of the Ohio, and above the mouth of Kentucky river," shall receive one per cent. on the monies received, as a compensation for clerk hire, receiving, safe-keeping, and transmitting it to the treasury of the united states.
60. SECT. VII. It shall be the duty of the registers of the land of fices respectively, to receive and enter on books kept for that purpose