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his certificate thereof; upon producing which to the secretary of the treasury, a patent shall issue, in like manner, as is provided by the said act last above re
cited. Fees allowed Sec. 6. The said receiver of public monies shall be to the receive entitled to have and receive, to his own use, from the er and com- respective claimants, the following fees, that is to say; missioners.
for filing a notice and evidence of claim, or statement thereof, twenty-five cents for giving a copy thereof, twelve and a half cents for every one hundred words: And the said commissioners shall, as a full compensation for their services, be entitled, jointly, to have and receive from the respective claimants, that is to say; for every determination, and entering the result in their book, at the rate of three dollars for eve. ry section ; for every certificate, and recording the
same, at the rate of one dollar for every section. Mode in Sec. 7. All the aforesaid tract of country shall be which the surveyed by the survevor-general, as soon as may be, land shall be
after the first day of September next, in the manner surveyed.
hereinafter directed :
1. So much of the said tract as lies between the northern boundary line, and the aforesaid patent of John Cleves Symmes and associates, and Israel Ludlow's southern boundary of the seventh entire range of townships, shall be laid off into sections, agreeably to northwardly and southwardly lines, run under the direction of John Cleves Symmes; and the marks thereon made, at the time of running the aforesaid lines, for the corners of sections, shall be established by the surveyor-general, and eastwardly and westwardly lines shall be run to intersect the aforesaid northwardly and-southwardly lines, in the corresponding marked point.
2. And the residue of the said tract, lying north of the aforesaid southern boundary of the seventh entire range, shall be laid off into sections, according to such uniform rule and method, as, in the opinion of the survey or-general, shall best secure the rights and interest of those who are entitled to pre-emption
3. Such divisions shall be made of sections, accord. ing to the claim of such who obtain pre-emption right, and the contents of each and every section, and such divisions thereof shall be ascertained, and the survey
or general shall prepare and transmit a plan thereof to the aforesaid register, inimediately after the said survey shall be completed, and also forward a copy thereof to the secretary of the treasury.
Sec. 8. All persons, availing themselves of a pre. Applications emption under this act, shall make application for at be made as
“fur a section section or any part or parts of a section or sections, of according to the estimated quantity of six hundred &c. and forty acres to a section, and the amount of the excess or deficiency shall be added to or deducted from the last payment, and the purchaser shall make payment for and hold the quantity returned and expressed in the plats, let the quantity be more or less.
Sec. 9. The duties of the surveyor-general, of the Duties and al. aforesaid register and receiver of public monies, as lowance of nearly as may be consistent with this act, shall re. the surveyorspectively be the same as directed in and by the last
gister and rerecited act, and the fees and emoluments shall respec- ceiver of pubtively be the same as provided in the said act last re. lic monies. cited.
Sec. 10. After completing the surveys, agreeably Parts of the to this act, reserving the lots marked sixteen in each land to be sold township, or fractional part of a township, in which in a different the same may be, for the purposes expressed in the manner. ordinance of Congress of the twentieth of May, one thousand seven hundred and eighty five, the residue of the lands, and so many of the aforesaid pre-emp. tions as shall become forfeited by reason of failures of payment, shall be sold agreeably to the last recited act.
Sec. 11. This act shall have full operation and ef. Repeal of fect, any thing in any former law to the contrary not. former laws
within the withstanding
VII. 44. Sec. 1. 'The several provisions of an act, entitled 1st May, “ An* act giving a right of pre-emption to certain 1802./.
am Provisions of persons who have contracted with John C. Symmes, a former act. or his associates, for lands lying between the Miami under certain rivers, in the territory north-west of the Ohio,” shall modifica-, be, and the same are hereby continued in force, until
borce, unas nued in force,
• Viz: The preceding act of 3d March, 1801.
the first day of March next, subject to the modifica
tions contained in this act. Provisions of "Sec. 2. The provisions of the said act shall, and that act ex- the same are hereby extended to all persons claiming tended to per. lands lying between the Miami rivers, and without sons lands be
18 the limits of Ludlow's survey, by purchase or con. tween the tract made prior to the first day of January, one thou. Miami rivers, sand eight hundred, with John Cleves Symmes or in certain ca. his associates. ses. Persons
Sec. 3. Every person claiming lands as aforesaid, claiming either within or without the limits of Ludlow's surlands-who'vev, and who have not obtained a certificate of the have not obtaired certifi. right of pre-emption therefor, shall, on or before the cates of the first day of November next, give notice of the nature right of pre- and extent of his claim, in manner prescribed by the emption. How such
second section of the said act. And the receiver of claims are to public monies, and commissioners appointed under be settled the fourth section of the said act, shall meet at Cine
cinnati, on the second Monday of November next, they having given four weeks previous notice of such
meeting in a public newspaper printed at Cincinnati, Vacancies in
of and shall then and there proceed to hear and finally commission- decide upon all claims, of which notice may have ers for that been given as aforesaid, and shall, in all matters
be relative thereto, govern themselves by the provifilled by the President. sions of the said act. Vacancies in the said board of Duties, emo- commissioners may be filled by the President of the luments, &c. United States alone. And the duties, powers and to the mem
. emoluments of the said cominissioners, receiver of ing it, and the public monies, and register of the land-office at Cin. ' surveyor-ge. cinnati, and surveyor general, as prescribed by the
ontinu, said act, shall, and the same are hereby continued. ed. Persons pos- Sec. 4. Every person who may have obtained, or sessing certi- who shall hereafter obtain, as aforesaid, a certificate ficates of the of a right of pre-emption from the said commissionright of pre
. ers shall be allowed until the first day of January next, emption allowed time to make the first payment required for the lands de. for payment. scribed in such certificate, and shall, in all other re
spects relative thereto, conform to the several provi. sions of the said act.
Sec. 7. All persons who have obtained certificate for the right of pre-emption to lands by virtue of two
acts, the one, intituled “*An act giving a right of Possessors of pre emption to certain persons who have contracted rights of pre
emption unwith John C. Symmes or his associates, for lands ly- der John C. ing between the Miami rivers, in the territory of the Symmes and United States, north west of the Ohio," and the other others, allow
m ed further “An act to extend and continue the provisions of the said act, passed on the first day of Mar, eighteen hun- ment. dred and two," and who have not made the first pay. ment therefor, before the first day of January last, shall be allowed until the tenth day of April next, to complete the same; and that all persons who have become purchasers of land by virtue of the aforesaid acts, be, and they are hereby allowed until the first day of January, eighteen hundred and five, to make the second instalment; until the first day of January, eighteen hundred and six, to make their third instalment; and until the first day of January, eighteen hundred and seyen, to make their fourth and last instalment; any thing in the acts aforesaid, to the contrary notwitstanding.
II. 35. Sec. 7. The several provisions made in favor of
26th March, persons who have contracted for lands with John C. 1804. Symmes and his associates, by an act, intituled ssf An Provisions in act to extend and continue in force the provisions of favour of pur
chasers under an act, intituled 'An act giving a right of pre-emption 1.C. Syinmes to certain persons, who have contracted with John continued in Cleves Symmes or his associates, for lands lying be- forcelill tween the Miami rivers in the territory north-west of the Ohio, and for other purposes,” shall be and the same are hereby continued in force until the first day of June next; Provided, That the register of the land office and receiver of public inopies at Cincinna. Provisó. ti, shall perform the same duties, exercise the same powers, and enjoy the same emoluments, which by the last recited act were enjoined on, or vested in the commissioners designated by the said act: And Proviso. provided also, That no certificate for a right of preemption shall be granted, except in favor of persons
Viz. The two preceding acts.
who had, before the first day of January, one thou. sand eight hundred, made contracts in writing with John Cleves Symmes or with any of his associates, and who had made to him or them any payment or payments of money, for the purchase of such lands; nor unless at least one twentieth part of the purchase money of the land claimed, shall have previously been paid to the receiver of public monies, or shall be paid prior to the first day of January next. And every person who shall obtain a certificate of pre. emption, shall be allowed until the first day of Janua
ry, one thousand eight hundred and six, to complete Proviso. the payment of his first instalment: And provided ul.
$0, That where any person or persons shall, in virtue of a contract entered into with John Cleves Symmes, have entered and made improvements on any section or half section prior to the first day of April last, (hav. ing conformed with all the foregoing provisions in this section) which improvements, by the running of the lines subsequently thereto, shall have fallen within any section or half section, other than the one purchased as aforesaid, and other than section num. ber sixteen, such section or half section shall in that case be granted to the person or persons who shall have so entered, improved and cultivated the same, on payment of the purchase money, agreeably to the provisions made by law for lands sold at private sale ; but nothing herein contained shall be construed to give to any such person or persons, a greater number of acres than he or they had contracted for, with John
Cleves Symmes as aforesaid. Persons hav. Sec. 8. . And be it further enacted, That every ing certifi- person who may have heretofore obtained from the cates of rights of pre.
commissioners, a certificate of a right of pre-emption emption un- for lands lying between the two Miami rivers, on der contracts account of contracts with, or purchase from John with or pur. Cleves Symmes or his associates, and who has paid chases from i . C. Symmes
les his first instalnient; and every person, who may oballowed fur: tain a similar certificate by virtue of the preceding ther time for section, and shall, on or before the first day of Janupaying.
ary, one thuusand eight hundred and six, pay his
first instalment, be permitted to pay the residue of Grants to the purchase money in six annual equal payments. Vanhorne,
Sec, 12. Section number twenty-six of the third township of the second fractional range, within the