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Physicians and surgeons and apothecary, the same as a lieutenant colonel.

Regimental surgeons and assistants to the purveyor and apothecary, the same as a major.

Hospital and regimental surgeons' mates, the same as a captain.

3d October,

And whereas, by the foregoing arrangement, ma- Resolution ny deserving officers must become supernumerary, 1780. and it is proper that regard be had to them: Resolved, That from the time the reform of the Provision for army takes place, they be entitled to half for sepay, ven years, in specie or other current money equivalent, and also grants of land at the close of the war, agreeably to the resolution of the 16th of September, 1776.

supernumerary officers.

the 20th

May, 1785.

Whereas, Congress, by their resolutions of Sep- Ordinance of tember sixteenth and eighteenth, in the year one thousand seven hundred and seventy-six, and the twelfth of August, in the year one thousand seven hundred and eighty, stipulated grants of land to certain officers and soldiers of the late continental army; and by the resolution of the † second September, in the year one thousand seven hundred and eighty, stipulated grants of land to certain officers in the hospital department of the late continental army; for complying, therefore, with such engagements, Be it ordained, That the secretary at war, from the returns in his office, or such other sufficient evidence, as the nature of the case may admit, determine who are the objects of the above resolutions and engagements, lutions grantand the quantity of land to which such persons or ing bounty their representatives are respectively entitled, and lands, &c. cause the townships or fractional parts of townships, hereinbefore reserved for the use of the late continen- and take meatal army, to be drawn for in such manner as he shail deem expedient to answer the purpose of an impar- tribution. tial distribution. I

*For reducing and regulating the army.

+ This resolution, in the printed Journals, is found under date of

the 30th Sept. 1780.

See, under the head of General Provisions, the reservation of one-seventh part of the lands, directed by this ordinance to be sur

Secretary at war to deter

mine who are objects of the

several reso

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Supplementary ordi

nance,

9th July, 1788.

bounty lands.

Be it further ordained, That the secretary at war issue warrants for bounties of land to the several officers and soldiers of the late continental army, who may be entitled to such bounties, or to their Warrants to respective assigns or legal representatives, certifybe issued for ing therein the rank or station of each officer, and the line, regiment, corps and company, in which the officer or soldier served. And whereas, lands are set apart for satisfying military bounties, not only in the said districts and townships, but also within the limits of purchases, made by several companies : Be it further ordained, That the persons who have be credited to purchased tracts of the federal lands, shall have credit for so much lands, as the warrants, issued as aforemilitary warrants deliver- said, and delivered by them to the board of treasury, ed in, not ex- cover; Provided, That, in no case, deductions, on ac ceeding one count of military bounties, shall exceed one-seventh seventh part. part of the purchase.†

Purchasers to

amount of

*

III. 20. 18 April, Permission is hereby granted to Ephraim Kimber1794. ly, now resident on the west bank of the Ohio, near Ephraim Indian Short-creek, within the territory north-west of Kimberly the Ohio, to locate the land warrant issued to the said permitted to locate a cerKimberly, for three hundred acres of land, for his sertain military vices in the late American army, so as to include the land warrant. land where he now resides, or as convenient as may be thereto Provided, He doth not interfere with any existing claim, location or survey: And upon the

Not to inter

fere with any

existing claims.

veyed, and the appropriation of that seventh part to satisfy military bounties.

The other regulations of this ordinance, respecting the transmission of certificates to the commissioners of loans, and the mode of making deeds, having never been carried into effect, are omitted.

* In the seven ranges, directed to be surveyed, north-west of the river Ohio, by ordinance of the 20th May, 1785.

† See the acts of 21st April and 5th May, 1792; under which, a part of the purchase money of the lands respectively sold to the Ohio company and to J. C. Symmes, is accordingly permitted to be made in military land warrants. No other payment has been made in such warrants for lands sold by the United States.

The residue of the provisions, respecting the location of military land warrants, as made by this supplement, not having been carried into effect, is omitted; as well as the resolution of 22d Oct. 1787, designating certain tracts of country for that purpose. No land was granted under either of those provisions, which are superseded and sapplied by act of 1st June, 1796.

said Kimberly's procuring the said land to be surveyed, in such way and manner, as shall he pointed out and directed by the President of the United States, and returning his said warrant into the treasury of the United States, the President of the United States shall be, and he hereby is authorised and empowered to issue letters patent, in the name and under the seal Patent to of the United States, thereby granting and conveying to the said Ephraim Kimberly, the three hundred acres of land, that shall be so located and surveyed.

issue.

Three tracts

Zane, for

Sec. 1. Upon the conditions hereinafter mentioned, IV. 28. there shall be granted to Ebenezer Zane, three tracts of 17 May, land, not exceeding one mile square each, one on the 1796. Muskingum river, one on Hockhocking river, and of land to be one other on the north bank of Sciota river, and in granted to such situations as shall best promote the utility of a Ebenezer road to be opened by him on the most eligible route between Wheeling and Limestone, to be approved by road between the President of the United States, or such person as Wheeling he shall appoint for that purpose: Provided, Such and Limetracts shall not interfere with any existing claim, lo- Exceptions cation or survey; nor include any salt-spring, nor the from the lands on either side of the river Hockhocking at the grant. falls thereof.

opening a

stone.

ance of the

Sec. 2. Upon the said Zane's procuring, at his own On perform, expense, the said tracts to be surveyed in such way conditions, and manner, as the President of the United States shall approve, and returning, into the treasury of the United States, plats thereof, together with warrants granted by the United States, for military land bounties, to the amount of the number of acres contained in the said three tracts: And also producing satisfactory proof, by the first day of January next, that the aforesaid road is opened, and ferries established upon the rivers aforesaid, for the accommodation of travellers, and giving security, that such ferries shall be maintained, during the pleasure of Congress, the President of the United States shall be, and he here- patent to isby is authorised and empowered, to issue letters patent, in the name and under the seal of the United States, thereby granting and conveying to the said

sue.

Rates of ferriage.

IV. 46.

to be survey.

ed,

Zane, and his heirs, the said tracts of land located and surveyed as aforesaid; which patents shall be countersigned by the secretary of state, and recorded in his office: Provided always, That the rates of ferriage, at such ferries, shall, from time to time, be as certained by any two of the judges of the territory north-west of the river Ohio, or such other authority as shall be appointed for that purpose.

Sec. 1. The surveyor general is hereby required, June 1, 1796. to cause to be surveyed, the tract of land, beginning Surveyor ge- at the north-west corner of the seven ranges of townneral to cause ships, and running thence fifty miles due south, along certain lands the western boundary of the said ranges; thence due 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, entitled "An act providing for the sales of the lands of the United States, in the territory northwest of the river Ohio, and above the mouth of Kentucky river;" and the lands above described, except the 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 act, and such tracts within the boundaries of the same, as have been heretofore appropriated by Congress, are hereby set apart and reserved for the purposes hereinafter mentioned.

and divided into town

ships five miles square.

To be grant

ed in tracts of quarter townships only.

Sec. 2. The said land shall be granted only in tracts containing a quarter of the township to which

* The salt springs in this tract afterwards given to the state of Ohio, by act of 30th April, 1802; which see below.

Military war

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 per- rants to be son or persons holding the same; and shall immedi- registered, ately after the expiration of the said time, proceed to determine, by lot, to be drawn in the presence of the and their prisecretaries of state and of war, the priority of location ority deterof the said registered warrants; and the person or mined by lot. persons holding the same, shall severally make their Rules for

locations, after the lots shall be proclaimed, on a day tions. making loca

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 regis tered warrants: And the patents for all lands located Patents to be under the authority of this act, shall be granted in the granted. manner directed by the beforementioned act, without requiring any fee therefor.

make loca

Sec. 3. After the time limited for making the lo- Holders of cations, as aforesaid, any person or persons holding warrants may warrants, of the beforementioned description, suffi- tions after cient to cover any one or more tracts, as aforesaid, lapse of time shall be at liberty to make their locations, on any tract fixed herein. or tracts not before located.

Sec. 6. All navigable streams or rivers within the Navigable territory to be disposed of, by virtue of this act, waters to be highways, shall be deemed to be and remain public highways. And, in all cases, where the opposite banks of any and all others stream, not navigable, shall belong to different per- common to sons, the stream and the bed thereof shall be common owners on to both.

both sides.

Sec. 2. All the lands set apart by the first section V. 135. 2d March, of the abovementioned act,* which shall remain un- 1799. located on the first day of January, in the year Lands unloone thousand eight hundred and two, shall be releas- cated after a ed from the said reservation, and shall be at the free certain day, disposition of the United States, in like manner as wards be dismay afterany other vacant territory of the United States. And posed of. all warrants or claims for lands, on account of mili

* IV. Congress, 46th Chapter.

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