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the party shall, either at the time of making the ori ginal 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 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, for each section or half section 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 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 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, 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 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

tificates of the registers.

Tracts sold

to be noted

on the survey.

be open for inspection.

fourth part of the purchase money within three Which shall 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.

Registers to make quarter

ly returns.

Mode in

which regis

chase.

Sec. 9. It shall be the duty of the registers of the land offices 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.

Sec. 10. The registers aforesaid shall be precluded from entering on their books any application for tèrs may pur- lands, in their own name, and in the name of any 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 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 application 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 fuse 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

Registers ne

ver can re

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- Applications plies, in lieu thereof, for any other tract: Provided al- may be withways, 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.

sold.

Sec. 11. The secretary of the treasury shall and Further regu lations to be may prescribe such further regulations, in the manprescribed 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.

Compensa

tion to regis

ters.

Sec. 12. 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 respective parties, 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. Sec. 13. The superintendants of the public sales, tion to superCompensato be made by virtue of this act, and the superintend- intendants, ants of the sales which have taken place by virtue of

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1804.

Compensation increased and fees abolished by act of 26th March,

Fees for tents.

pa

Lands reserv

the act, entitled, "An act providing for the sale of the lands of the United States, in the territory northwest 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 authorised to allow a reasonable compensation for books, stationary and clerk hire, in settling the accounts of the said superintendants.

Sec. 14. The fee to be paid for each patent for half a section shall be four dollars, and for every section five dollars, to be accounted for by the receiver of the same.

Sec. 15. The lands of the United States reserved for future disposition, may be let upon leases by the ed for future 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 reason

ven years

leases.

able.

Sec. 16. Each person who, before the passing of this act, shall have erected, or begun to erect, a gristPre-emption right granted mill or saw-mill upon any of the lands herein directed to be sold, shall be entitled to the pre-emption of having erect- the section including such mill, at the rate of two dol

to persons

ed mills.

Repeal of

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 this act prescribed for other purchasers.

Sec. 16. So much of the "Act providing for the 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 Kentucky river," as comes within the purview of this act, be, and the same is hereby repealed.

May 18th, 1796.

VII. 80.

3d March, 1803.

(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,† 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 territory, 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 pay Georgia $1,250,000. 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.

26th March,

be sold united

Sec. 9. Fractional sections of the public lands of VIII. 35. 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 sold singly, or by uniting two or more together; any act to the contrary, notwithstanding: Provided, That 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.

or

under certain

of the United

sections.

Sec. 10. All the public lands of the United States, Public lands the sale of which is authorised by law, may, after States may 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 or quarter 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 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.

sions to be at the expense

payable for

Sec. 11. No interest shall be charged on any in- Interest not stalment which may hereafter become due, in pay purchases of ment for any of the public lands of the United States, public land,

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