« AnteriorContinuar »
the party shall, either at the time of making the ori. ginal entry, or at any time within three months therealter, 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 sum paid on account, the balance remaining due, the time and times when such balance shall become due, and 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; 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, ior each section or half section that may be sold ei. ther at public or private sale, and in which he shall charge the party for the whole purchase money, and give him credit for all his payments; 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 Patents to be shall give a certificate of the same to the party : and granted on on producing to the secretary of the treasury the the final cersame final certificate, the President of the United
registers. States is hereby authorised 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. Sec. 8. The registers of the land offices, respec. Tracts sold
to be noted tively, shall also note on the book of surveys, or ori- on the survey ginal plat transmitted to them, every tract which may besold, by inserting the letter A, on 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.
tes of the
fourth part of the purchase money within three Which shall months after the date of application. And the said be open for book of surveys or original plat shall be open at all inspection. times, in presence of the register, for the inspection
of any individual, applying for the same and paying
the proper fee. Registers to
Sec. 9. It shall be the duty of the registers of the make quarter. land offices to transmit quarterly to the secretary of ly returns. 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. Mode in Sec. 10, The registers aforesaid shall be preclud. which regis- ed from entering on their books any application for ters may put. lands, in their own name, and in the name of any chase.
other person in trust 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 to applications made to them for lands by other persons. The registers shall, nevertheless, note on the book of surveys, or origi. nal 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 application for the same shall have been entered by the surveyor.
general in his own book. And if any person, apply. Registers ne.
eing for any tract, shall, notwithstanding he shall have ver can refuse to enter received information from the register, that the same applications. 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 ap
apr Applications plies, in lieu thereof, for any other tract: Provided al- may be with ways, That the party shall never be allowed thus to drawn if land withdraw his former application, and to apply, in lieu previously thereof, for another tract, except when the tract described in his former application shall have been applied for, previous to the date of that of his former application.'
Sec. 11. The secretary of the treasury shall and Further regumay prescribe such further regulations, in the man. a
prescribed by ner of keeping books and accounts, by the several the secretary officers in this act mentioned, as to him may appear of the treasunecessary and proper, in order fully to carry into ef. ry. fect the provisions of this act.
Sec. 12. The registers of the land offices, respec. tively, shall be entitled to receive, from the treasury
Ytion to regisof 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 respective par. ties, the following fees for services rendered, that is to say ; for every original application for land, and a Fees. 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 ap. plication 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,
CompensaSec. 13. The superintendants of the public sales, von to superto be made by virtue of this act, and the superintend- intendantsa ants of the sales which have taken place by virtue of
• Compensation increased and fees abolished by act of 26th March,
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 eve. ry day whilst engaged in that business; and the accounting officers of the treasury are hereby authorised to allow a reasonable compensation for books, stations, ary and clerk hire, in settling the accounts of the said superintendants.
Sec. 14. * The fee to be paid for each patent for Fees for patents.
half a section shall be four dollars, and for every sec-
for future disposition, may be let upon leases by the Lands reserv.
surveyor.general, in sections or half sections, for disposition to terms not exceeding seven years, on condition of be let on se- making such improvements as he shall deem reasonven years leases.
Sec. 16. Each person who, before the passing of on this act, shall have erected, or begun to erect, a grist, Pre-emption right granted mill or saw-mill upon any of the lands herein directto persons ed to be sold, shall be entitled to the pre-emption of having erect, the section including such mill, at the rate of two, dol. ed mills.
lars 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 tliis act prescribed for other purchasers.
Sec. 16. So much of the Act providing for the f sale of the lands of the United States, in the territory part of act of north-west of the river Ohio, and above the mouth of May 18th, Kentucky river,” as comes within the purview of this 1796.
act, be, and the same is bereby repealed.
(4) Provisions subsequent to 1800, respecting
the sale of Public Lands. Sec. 16. The nett proceeds of the lands which may be sold by virtue of this act, t after deducting,
* These fees abolished by act of 26th March, 1804. † Viz. the lands in the Mississippi Territory.
the surveying expenses and other expenses incident Nett proceeds to the sale thereof, shall, and the same are hereby of lands sold
in Mississipappropriated in the first place, towards paying to the pi territo state of Georgia a sum of one million two hundred applied in the and fifty thousand dollars, in pursuance of the arti. first place, to cles of agreement and cession entered into between the the United States and that state ; and the secretary of the treasury is hereby authorised and directed to pay accordingly, and from time to time, as the same shall be received in the treasury of the United States, so much of the said nett proceeds as will amount to the said sum of one million two hundred and fifty thousand dollars.
Sec. 9. Fractional sections of the public lands of
26th March, the United States, either north of the river Ohio, or 1804. south of the state of Tennessee, shall, under the di. Fractional rections of the secretary of the treasury, be either sections may,
be sold united sold singly, or by uniting two or more together; any act to the contrary, notwithstanding: Provided, That
" under certain no fractional sections shall be sold in that manner un- limitations. til after they shall have been offered for sale to the highest bidder, in the manner hereinafter directed. Sec. 10. All the public lands of the United States, Public lands
of the United the sale of which is authorised by law, may, after St. they shall have been offered for sale to the highest be sold in bidder in quarter sections, as hereinafter directed, whole, half be purchased at the option of the purchaser either in one entire sections, in half sections, or in quarter sections; in which two last cases, the sections shall be divided into half sections by lines running due north and south, and the half sections shall be divided into quarter sections by lines running due east and west. And All sub-diviin every instance in which a sub-division of the lands
sions to be at of the United States, as surveyed in conformity with of purcha. law, shall be necessary to ascertain the boundaries or sers. true contents of the tract purchased, the same shall be done at the expense of the purchaser.
Sec. 11. No interest shall be charged on any in. Interest not stalment which may hereafter become dué, in pay- pur
ay purchases of ment for any of the public lands of the United States, public land,