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the said John Cleves Symmes, and his associates, any one compleat township, within the boundaries of the said patent, so as to secure the same for the purpose of establishing an academy, in conformity to the provisions of the said patent, and in case of non-compli. ance, to take, or direct to be taken, such measures as will compel an execution of the trust :* Provided however, That John Cleves Symmes and his asso. ciates, shall be released from the said trust, and the said township shall vest in them, or any of them, in fee simple, upon payment into the treasury of the United States, of fifteen thousand three hundred and sixty dollars, with interest from the date of the abovementioned patent, to the day of such payment.

1799.

Sec. 1. t: Any person or persons, who, before the v. 140. first day of April, in the year one thousand seven hun. 2d March, dred and ninety-seven, had made any contract or con

Contractors tracts, in writing, with John Cleves Symmes, for the purchase of lands between the great and little Miami Symmes to rivers, which are not comprehended in his patent, have a right dated the thirtieth day of September, one thousand oor

of pre-emp

ution, on make seven hundred and ninety-four, shall be entitled to a ing certain preference in purchasing of the United States all the payments. 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 Sep

• This township is included within the boundaries of the patent, and has never yet been located. The only township which remains entire, that is to say, no part of which had been sold by Mr. Symmes, when the patent was granted, is said to have been sold under certain decrees or judgments of courts against him. Another township was, by the first section of this act, (which see under head of “Donations to the state of Ohio,") granted for a seminary of learning, in lieu of this, which is therefore the property of the United States, having never been paid for by J. C. Symmes, and his associates.

J C. Symmes having never paid for any other part of the land included in his contract, than that for which he obtained a patent, the residue remained the property of the United States. But as he had in the mean while made sales or contracts for the sale of lands not comprehended in his patent, a right of pre-emption was granted to such purcbasers. This, and all the subsequent acts under this head, relate to that subject.

tember ; and the remaining third part in two years from the said first day of September; which 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 that up. on each payment, the same evidences of purchase and title shall be given to the purchasers, respectively, as

to purchasers under the said recited act. Notice to be Sec. 2. Each and every person claiming the begiven by pur- nefit of this act, shall, on or before the first day of chasers.

September next, give notice, in writing, to the secretary of the treasury, or to the surveyor general, that they claim the right of pre-emption, by this act offer. ed, and do assent to the terms of sale established by this act. And if any person shall neglect to give the

said :otice, or shall fail in making the first payment, Right of preemption lostas

on lost as before directed, all right of pre-emption shall cease on neglect to and become void ; and the lands shall be surveyed give notice, and sold agreeably to the directions of the before re&c.

cited act. The lands to Sec. 3. The surveyor general shall, as soon as be surveyed., 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 ge. neral 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. Purchasers Sec. 4. It may be lawful for the secretary of the may be credited with the

- treasury to credit the said purchasers with such reaexpense of sonable sum or sums of money as have been expend. surveying. ed 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. Evidences of

Sec 5. The evidences of the public debt of the public debt United States shall be receivable in payment for the may be re. said lands, agreeably to the directions of an act, enceived in pay

* Viz: The act of 18th May, 1796.

ment,

titled “ An act to authorize the receipt of evidences. of the public debt in payment for the lands of the United States."

Sec. 1. Any person or persons, and the legal re- VI. 94.

3d March, presentative or representatives of any person or per- 1801 sons, who, before the first day of January, in the year Right of pre. of our Lord one thousand eight hundred, had made emption giv. any contract or contracts in writing, or by any note or en to certain memorandum thereof in writing, either with John perso

have contracCleves Symmes, or with any of his associates, or who red with J. C. had made to him or them any payment of money for Symmes, &c. 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 tract 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, north-west of the Ohio, shall be entitled to a prefer. ence, in becoming the purchasers, from the United States, of all 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, in. tituled *"An act to amend the act, intituled '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;" Provided however, That no interest shall be charged upon any of the instalments, until they res. pectively become payable.

* Viz: The act of 10th May, 1800: But the terms of payment are modified, by subsequent acts, and finally regulated by the act of 26th March, 1804: The first instalment of one-fourth of the purchase money being thereby made payable on the 1st of January, 1806, and the remainder in six equal annual instalments.

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Persons . Sec. 2. Every person, claiming the benefit of the claiming the first section of this act, shall, on or before the first day benefit of this act to give

is of November next, deliver to the receiver of public notice to the monies, for the lands of the United States, at Cincin. Teceiver of nati, a notice in writing, stating the nature and expublic monies tent 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.

Sec. 3. The aforesaid receiver of public monies, on Duty of the receiver here- being paid the fees hereinafter provided, shall receive in :

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.

Sec. 4. The aforesaid receiver of public monies, the two com- and two other persons, who shall be appointed by the missioners to President of the United States, alone, shall be com

missioners 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, intituled · An act giving a right of preemption to certain persons, who have contracted with John Cleves Symmes, or his associates, for lands, ly. ing 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 compleated the business of their said appointment; and they,

or any two of them, shall have power to hear and de-
cide, in a summary manner, all matters respecting all
such claims, of which notice may have been filed, pur-
suant to the third section of this act, also to adminis.
ter oaths and examine witnesses, and such other tes-
timony as may be adduced, and to determine thereon,
according to justice and equity; which determina-
tion shall be final; and when it shall appear to them,
that the claimant is entitled to the right of pre-emp-
tion, on the terms aforesaid, they shall give a certifi-
cate 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 which
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 office.

Sec. 5. The aforesaid register and surveyor.gene. Duty of the ral, respectively, upon application of any person or surveyor-gepersons, who shall produce a certificate of the com, neral and remissioners aforesaid, to him directed, before the first gister at Cin

cinnati. 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 quan. tity, and shall pay him the fees, in like case, provided by the act, intituled ** An act to amend the act, intituled '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,” shall admit such person or per. sons 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 section of the act last above recited; and on payment in full, and a final settlement had, he shall give

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