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only, and on which no blank leaves or space shall be lest 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 monies 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 monies specified in the said receipt, and the number of the section or half section, township and range applied for. If two or more persons suall apply at the same time for the said tract, the register shall immediaiely dctermine by lot, in presence of the parties, which of them shall have preference. He shall file the receipt for monies 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 thein ; 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 Concuruin the same. He shall, three months after the date of each appiication, 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 above mentioned, enter under its proper daté, 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 twentieth 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 suin paid on account, the balance remaining due, the time and times when such balance shall become due, and that is it shall be duly discharged, the purchaser or his assignee or other legal 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 seclion 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 aii his payınents ; making the proper charges and allowances for interest or discount, as the case may be, according 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, bis heirs or assigns ; and all patents shall be countersigned by the secre: tary of state, and recorded in his office.
61. SECT. VIII. Í'he 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 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:
62. Sect. IX. It shall be the duty of the registers of the land-offit ces 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 monies 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.
63. Sect. X. The registers aforesaid shall be precluded froñ és tering on their books any application for lands in their own name, and in the name of any other person in irust 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 ta 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 applia cation 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 registeri 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 apa plication, and to apply in lieu thereof for another tracl, except when the tract described in his former application shall have been applied for previous to the date of that his former application. 64. Sect. XI. The socretary of the treasury shall and may prescribe such further regulations, in the manner of keeping books and accounts, by the several officers in this act mentioned, as to him may appear ne. cessary and proper, in order fully to carry into effect the provisions of this act. (See Treasury Department 15.]
65. Sect. XII. The registers of the land-offices, respectively, shall be entitled to receive from the treasury of the united states, one half per cent, on all the monies 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 use, from the respeclive parties, the following fees for services rendered, that is to say ; for every original application for land, and a copy of the same, for a section, three dollars ; for a half section, two dollars ; for every certificate stating that the first fourth part of the purchase money is paid, twenty-five cents; for every subsequent receipt for monies 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, twentyfive cents.
66. SECT. XIII. The superintendents of the public sales to be made by virtue of this act, and the superintendents of the sales which have taken place by virtue of the act, entitled, “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,” shall receive five dollars a day for every day whilst engaged in that business ; and the accounting officers of the treasury are hereby authorized to allow a reasonable compensation for books, stationery, and clerk hire, in settling the accounts of the said superintendents.
67. Sect. XIV. The fee to be paid for each patent for half a section shall be four dollars, and for every seclion five dollars, to be accounted for by the receiver of the same.
68. Sect. 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.
69. Sect. XVI. Each person who before the passing of this act shall have erected, or begun to ercct, a grist-mill or saw-mill upon any of the lands herein directed to be sold, shall be entitled to the preemption 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.
SECT. XVII. repeals so much of the former act (Vol. II!. p. 293.) as comes within the purview of this act.
ACT of June 1, 1796. (Vol. III. p. 358.) 70. Sect. I. The surveyor-general shall be, and he is hereby require ed, to cause to be surveyed, the tract of land beginning at the north-west corner of the seven ranges of townships, and running thence fifty miles due south, along the western boundary of the said ranges; thence tlue west to the main branch of the Sciota river ; thence up the main branch of the said river, to the place where the Indian boundary line crosses the same; thence along the said boundary line, to the Tuscaroras branch of the Muskingum river, at the crossing place above Fort Lawrence ; thence up the said river, to the point, where a line, run due west from the place of beginning, will intersect the said river ; thence along the line so run to the place of beginning; and shall cause the said tracts to be divided into townships of five miles square, by running, marking and numbering the exterior lines of the said townships, and marking corners in the said lines, at the distance of two and one half miles from each other, in the manner directed by the act, enlitled, “ An act providing for the sales of the lands of the united states, in the territory north-west of the river Ohio, and above the mouth of Kentucky river;" and the lands above described,exceptthe salt springs therein, and the same quantities of land adjacent thereto, as are directed to be reserved with the salt springs, in the said recited acl, and such tracts within the boundaries of the same, as have been heretofore appropriated by congress, shall be, and they are hereby set apart and reserved for the purposes herein after mentioned. (See postea 75.]
71. Sect. II. The said land shall be granted only in tracts containing a quarter of the township to which they belong, lying at the corners thereof; and the secretary of the treasury shall, for the space of nine months, after public notice in the several states and territories, register warrants for military services, to the amount of any one or more tracts, for any person or persons holding the same ; and shall immediately after the expiration of the said time, proceed to determine, by lot, to be drawn in the presence of the secretaries of state and of war, the priority of location of the said registered warrants ; and the person or persons holding the same, shall severally make their locations, after the lots shall be proclaimed, on a day to be previously fixed in the beforementioned notice ; in failure of which, they shall be postponed in locating such warrants, to all other persons holding registered Warrants: And the patents for all lands located under the authority of this act, shall be granted in the manner directed by the before mentioned act, without requiring any fee therefor. [See postea 76.]
72. Sect. III. After the time limited for making the locations, as aforesaid, any person or persons holding warrants of the before mentioned description sufficient to cover any one or more tracts, as aforesaid, shall be al liberty to make their locations, on any tract or tracts not before located.
Sect. IV. is repealed.
73. Sect. V. The said surveyor-general shall be, and he is hereby required, to cause to be surveyed, three several tracts of land, containing four thousand acres each, at Shoenbrun, Gnaden-hutten, and
Salem ; being the tracts formerly set apart, by an ordinance of cons gress of the third of September, one thousand seven hundred and eighty-eight, for the society of united brethren for propagating the gospel among the heathen ; and to issue a patent or patents for the said three tracts to the said society, in trust, for the uses and purposes in the said ordinance set forth. [See postea 78.]
74. Sect. VI. All navigable stream, or 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 be common to both.
; ACT of March 2, 1799, (Vol. IV, p. 487,) Sect. I. is a repealing clause,
75. Secr, II, All the lands set apart by the first section of the act, entitled, “ An act regulating the granis of land appropriated for milițary services, and for the society of the united brethren, for propagat: ing the gospel among the heathen," which sball remain unlocated on the first day of January, in the year one thousand eight hundred and two, shall be released from the said reservation, and shall be at the free disposition of the united states, in like manner as any other vacant territory of the united states. And all warrants or claims for lands on al: count of military services, which shall not, before the day aforesaid, bę registered and located, shall be for every barred. [See antea 70.)
ACT of February 11, 1800. (Vol. V. p. 13.) 76. The secretary of the treasursy shall for the space of fourteen days after the expiration of the nine months heretofore allowed for that purpose, by the act, entitled, “An act regulating the grants of land, approprịated for military services, and for the society of the united brethren for propagating the gospel among the heathen," register warrants for military services in the form and manner as is prescribed by the said recited act; and the priority of location of said warrants, and the warrants registered under the said recited act shall be deter. mined by lot, immediately after the expiration of the said fourteen days, and a day for the location shall be fixed by the secretary of the treasury, in a public notice given in one of the gazettes of the city of Philadelphia. [See antea 71.]
ACT of March 1, 1800. (Vol. V, p. 32,2 47. SECT. I. The respective points of intersection of the lines acłu. ally run, as the boundaries of the several townships surveyed by virtue of the act entitled, “ An act regulating the grants of land appropriated for military services and for the society of the united brethren for pro, pagating the gospel among the heathen,” accordingly as the said lines have been marked and ascertained at the time when the same were run, notwithstanding the same are not in conformity to the act aforesaid, or shall not appear to correspond with the plat of the survey which has been returned by the surveyor-general, shall be considered, and