198 VI. 8. 11th Februa14 days beyond the nine months fixed by a former ry, 1800. act, allowed for registering warrants. Priority of location to be settled by lot. VI. 13. tersection of the lines actually run are to be con sidered as the corners of townships. tary services, which shall not, before the day aforesaid, The secretary of the treasury shall, for the space of fourteen days after the expiration of the nine months heretofore allowed for that purpose, by the act, intituled "An act regulating the grants of land, appropriated 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 determined by lot, immediately after the expiration of the said fourteen days; and a day for the location shall be fixed by the secre tary of the treasury, in a public notice given in one of the gazettes of the city of Philadelphia. Sec. 1. The respective points of intersection of the lines actually run, as the boundaries of the several townships surveyed by virtue of the act, intituled Points of in- "An act regulating the grants of land appropriated for military services, and for the society of the United Brethren for propagating 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 they are hereby declared to be the corners of the said townships; in regard to every such township as by the plat and survey, returned by the surveyor general, is stated to contain four thousand acres in each Boundaries quarter thereof, the points on each of the boundary lines of such township, which are at an equal distance from those two corners of the same township, which stand on the same boundary line, shall be considered, and they are hereby declared to be, the corners of the of quarter contain 4000 acres. Time afterwards successively extended till first March, 1813. † 1V. Congress, 46th Chapter. IV. Congress, 46th Chapter. 4000 acres. respective quarters of such township; the other boun dary lines of the said quarter townships, shall be straight lines run from each of the last mentioned corners of quarter townships, to the corner of quarter towships on the opposite boundary line of the same Sownship; and in regard to every such township as, by Boundaries the said return, is stated to contain in of the any of quar- quarter ters thereof, more or less than the quantity of four townships where they thousand acres, the corners marked in the boundary are stated to lines of such township, to designate the quarters there- contain more of, shall be considered, and they are hereby declared or less than to be, the corners of the quarter townships thereof, although the same may be found at unequal distances from the respective corners of such townships: And such townships shall be divided by running lines through the same from the corners of the quarter townships actually marked, whether the interior lines thus extended shall be parallel to the exterior lines of the said township, or not; and each of the said quar. ter townships thus bounded, shall in every proceeding to be had under the abovementioned, or this act, be considered as containing the exact quantity expressed in the plat and survey thereof, returned by the surveyor general. warrants may Sec. 2. It shall be lawful for the proprietors or Locations of holders of warrants for military services, which have registered been, or shall be registered at the treasury in pursu be made on ance of the act, intituled "An act regulating the the general grants of land appropriated for military services, and tract. for the society of the United Brethren, for propaga ting the gospel among the heathen," during the time, in the manner, and according to the rights of priority, which may be acquired in pursuance of said act, to lo cate the quantities of land mentioned in the warrants by them respectively registered, as aforesaid, on any quarter township or fractional part of a quarter township, in the general tract mentioned and described in said act: Provided always, that the fractional quarter Certain fractownships upon the river Sciota, and those upon the tional quarter river Muskingum, adjoining the grant made to Ebe- townships to nezer Zane, or the towns Salem, Gnadenhutten or 4000 acres. Shoenbrun, or the Indian boundary line, shall in eve IV. Congress, 46th Chapter, be taken for When locations are tain less than 4000 acres, of treasury shall issue certificates for the resi ry case be accepted and taken in full satisfaction for four thousand acres. Sec. 3. Whenever locations shall be made on any quarter township, which, according to the actual surmade on quar- vey and plat thereof, returned by the surveyor gene. ter townships ral, is stated to contain less than the quantity of four stated to con- thousand acres, except in the case of fractions provided for in the preceding section, it shall be lawful the secretary for the secretary of the treasury to issue, or cause to be issued, certificates, expressing the number of acres remaining unsatisfied of any registry of warrants for the quantity of four thousand acres, made in pursu ance of the act before recited, which certificates shall have the same validity and effect, and be liable to be barred in like manner as warrants granted for military services; but no certificate shall be granted, nor any claim allowed for less than fifty acrés, nor for the navigable water contained within the limits of any quarter township or fractional quarter township. due. But not for less than 50 acres. When made on quarter townships tain more than 4000 acres, Sec. 4. Whenever a location shall be made on any quarter township, which, according to the actual survey and plat thereof, returned by the surveyor genestated to con- ral, is stated to exceed the quantity of four thousand acres, no patent shall be issued in pursuance thereof, until the person making such location, shall deposit at the treasury, warrants for military services, or cerexcess to be tificates issued by virtue of the preceding section, equal to the excess above four thousand acres, contained in such quarter township, or shall pay into the treasury of the United States two dollars per acre, in the certificates of the six per cent. funded debt of the United States, or money, for each acre of the excess above four thousand acres as aforesaid. paid for in land warrants or public debt. Reservations Sec. 5. After the priority of location shall have of 50 quarter been determined, and after the proprietors or holders townships & of fractional of warrants for military services shall have designatownships. ted the tracts by them respectively elected; it shall be the duty of the secretary of the treasury, to designate by lot, in the presence of the secretary of war, fifty quarter townships, of the lands remaining unlocated, which quarter townships, together with the fractional parts of townships remaining unlocated, shall be reserved for satisfying warrants granted to individuals for their military services, in the manner hereafter provided. divided into Sec. 6. The land in each of the quarter townships Such reservadesignated as aforesaid, and in such of the fractional tions to be parts of quarter townships, as may then remain unlo- lots of 100 cated, shall be divided by the secretary of the treasu- acres. ry, upon the respective plats thereof, as returned by the surveyor general, into as many lots, of one hundred acres each, as shall be equal, as nearly as may be, to the quantity such quarter township or fraction is stated to contain; each of which lots shall be included, where practicable, between parallel lines, one hundred and sixty perches in length, and one hundred perches in width, and shall be designated by progressive numbers upon the plat, or survey, of every such quarter township and fraction respectively. Original holders of mili cations on ment admit Sec. 7. From and after the sixteenth day of March next, it shall be lawful for the holder of any warrant granted for military services, to locate, at any time tary warrants before the first day of January, one thousand eight may make lohundred and two, the number of hundred acres ex- those lots, & pressed in such warrant, on any lot or lots, from time receive pato time, remaining unlocated within the tracts reserv- tents therefor ed as aforesaid, and upon surrendering such warrant but no previ ous assignto the treasury, the holder thereof shall be entitled to receive a patent in the manner, and upon the con- ted. ditions heretofore prescribed by law: which patent shall in every case express the range, township, quarter township or fraction, and number of the lot located as aforesaid: But no location shall be allowed, nor shall any patent be issued for any lot or lots of one hundred acres, except in the name of the person originally entitled to such warrant, or the heir or heirs of the person so entitled ;* nor shall any land, so located and patented, to a person originally entitled to such warrant, be considered as in trust for any purchaser, or be subject to any contract made before the date of such patent, and the title to lands acquired, in consequence of patents issued as aforesaid, shall and may be alienated in pursuance of the laws, which have been, or shall be passed in the territory of the United States, north-west of the river Ohio, This provision virtually repealed by the acts of third March, 1803, and subsequent dates, which authorize locations of holders or proprietors of warrants. Where more than one ap. plication for for regulating the transfer of real property, and not otherwise. Sec. 8. In all cases after the sixteenth of March next, where more than one application is made for the same tract, at the same time, under this act, or under the act to which this is in addition, the to be determi- secretary of the treasury shall determine the priority of location by lot. the same tract, priority ned by lot. Tracts reser vertised. Sec. 9. It shall be the duty of the secretary of the ved for loca- treasury to advertise the tracts which may be reservtion to be ad. ed for location, in lots of one hundred acres, in one newspaper in each of the states, and in the territory aforesaid, for and during the term of three months. Sec. 10. The actual plat and survey, returned by turned by the the surveyor general of quarter townships, and frac surveyor ge- tional parts of quarter townships, contained in the The plat re to quantity. neral, to be conclusive as tract mentioned and described in the act to which this is a supplement, shall be considered as final and conclusive, so far as relates to the quantity of land, supposed to be contained in the quarter townships, and fractions, so that no claim shall hereafter be set up against the United States, by any proprietor, or holder of warrants for military services, on account of any deficiency in the quantity of land contained in the quarter township or fractional part of a quarter township, which shall have been located by such proprietor or holder, nor shall any claim be hereafter set up by the United States, against such proprietor or holder on account of any excess in the quantity of land contained therein. VI. 52. 10th May, 1800. Land warrants to issue to I. Canfield as assignee. The proper officer is hereby authorized and directed to issue three land warrants, of one hundred acres each, to Ithamar Canfield, assignee of Eliphalet Tomlinson, Jabez Tomlinson, and Abraham Shelly, who served the United States as soldiers, during the revolutionary war, and became entitled to the said lands by virtue of a resolution of Congress: Provided, the transfers and powers of attorney aro made out pursuant to the rules in such cases established at the war office. |