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year from and after the day on which the last payment, on account of such purchase, should, according

fered for sale.

to former laws, have become due. And in case of On failure of failure in paying either the arrears of interest, or each the condiof the two instalments of principal, with the accruing tions, the interest, at the time and times abovementioned, the land to be oftract of land shall be forthwith advertised and offered for sale, in the manner and on the terms and conditions now prescribed for the sale of lands, purchased from the United States, and not paid for within the limited time; and shall revert, in like manner, to the United States, if the sum due, with interest, be not at such sale bidden and paid.

1810.

Purchasers

prior to 1st

tlers.

Every person, who, prior to the first day of Janua- XI. 55. ry, one thousand eight hundred and six, had purchas- 30 April, ed any tract or tracts of land of the United States, not exceeding, in the whole, six hundred and forty acres, at any of the land offices, established for the disposal Jan. 1806, of said lands, whether such purchase was made at (except of public or private sale, (sales by virtue of a pre-emp- pre-emption right only excepted), and whose lands have not ed a further tions) allowalready been actually sold or reverted to the United term of two States for non-payment of part of the purchase mo. years to make ney, and who shall for the term of at least one year payment, if previous to the expiration of five years from the date actual setof the purchase of the land, have actually inhabited and cultivated any one tract of land, thus purchased, and the time for making the last payment, on account of such purchase, according to former laws, may have expired or shall expire on or before the first day of January next, shall be allowed a further term of two years, for the payment of the residue of the principal due on account of such purchase; which further term of two years, shall be calculated to commence from the expiration of one year from and after the day on which the last payment, on account of such purchase, should, according to former laws, have become due, and shall be allowed only on the following conditions, On certain that is to say: First, That all the arrears of interest on the land purchased to the end of one year, from Arrears of inand after the day on which the last payment, on ac- terest to be count of such purchase, should, according to former paid.

conditions.

Balance to be

ments.

laws, have become due, shall have been paid at or before the end of such year: Second, That the resi due of the sum, due on account of the principal of paid in two such purchase, shall be paid with interest thereon, in annual instal- two equal annual payments, viz: One half of the said residue, with the interest which may then be due thereon, within one year; and the other half of the said residue, with the interest which may then be due thereon, within two years after the expiration of one year, from and after the day on which the last payment, on account of such purchase, should, according to former laws, have become due. And in case of failure in paying either the arrears of interest, or each of the two instalments of principal, with the accruing interest, at the time and times abovementioned, the tract of land shall be forthwith advertised and offered for sale, in the manner and on the terms and conditions now prescribed for the sale of lands, purchased from the United States, and not paid for within the limited time; and shall revert, in like manner, to the United States, if the sum due, with inte. rest, be not at such sale bidden and paid.

In case of

failure, lands to be offered

for sale.

Original pur

chaser may

enter again

a tract reverted for non-pay

ment, and monies paid

credited for

before.

Proviso.

And in cases where any tract or tracts of land, not in the whole exceeding six hundred and forty acres, which have, since the first day of January last, reverted to the United States, for default of payment, the original purchaser may again enter the same tract or tracts. And all monies, which such original purbe chaser may have paid, shall be replaced to his credit, by the receiver of public monies of the respective land offices, and such repurchasers shall be allowed the same benefits of the extension of the time of payment, created by this act, as though no such reversion had occurred Provided, Such original purchaser shall make to the proper land officer such application for such re-entry, as is required by law for the entry of lands, on or before first day of June next, and the land so reverted shall not have then been previously re-sold.

X. 40. 31 March, 1808.

Sec. 1. Whenever the President of the United States has been or may be authorised to cause the public lands, in any land district, to be offered for sale, it shall be

may offer for
only part
of the

sale at first

lawful, whenever he shall think it convenient, to offer President for sale at first, only a part of the lands contained in such district, and at any subsequent time or times, to offer for sale, in the same manner, any other part, or the remainder of the lands contained in the same.

lands in any land district.

Sec. 1. From and after the first day of June next, eve- XI. 28. ry person, making application, at any of the land offices 24 Feb. of the United States, for the purchase, at private sale, 1810. of a tract of land, shall produce to the register a me- Purchasers of morandum in writing, describing the tract, which he public lands shall enter by the proper number of the section, half to leave mesection, or quarter (as the case may be), and of the morandum in township and range, subscribing his name thereto; their entry. which memorandum the register shall file and preserve in his office.*

writing of

(5) Provisions, respecting the surveying of public lands, enacted subsequent to 1800.

Lines of sec

10th 1800, to

Sec. 7. In all cases where any section or fractional VII. 44. section of land, lying within the seven ranges of town- 2 May, 1802. ships, has been sold prior to the tenth day of May, tions sold in one thousand eight hundred, under the authority of the 7 ranges the United States, the lines of such section or frac- prior to May, tional section, shall be run under the direction of the be run under secretary of the treasury, in the manner most consis- the direction tent with the supposed boundaries of the same, at of the sec. of the time of the sale, any thing in the act of the tenth the treasury. of May, one thousand eight hundred, to the contra- laid off. ry notwithstanding. And it shall be lawful for the secretary of the treasury, whenever lines thus run

* The second section of this act is private, and in the following words:

Sec. 2. Joab Garret shall be permitted to withdraw his entry, made on the second day of September, one thousand eight hundred and seven, at the land office at Vincennes, from the north-west quarter section, number two, township number seven, south range number seven west; and the money paid by him, on the said entry, shall be placed to his credit, on any purchase he shall or may have made of public land in the same district.

How to be

VIII. 35.. 26 March,

1804.

surveyor ge

neral extend

ed over all the lands of the U. S. north of the Ohio, and east of

the Mississip

pi; and he shall cause

them to be

laid off into townships. Private

claims to be surveyed at the expense

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shall interfere with the claim of a purchaser of pub lic lands under the last mentioned act, to permit such purchaser, if he shall desire it, at any time within six months, after such lines, thus interfering with his claim, shall have been run, to withdraw his former application, and to apply in lieu thereof for any other vacant section.

Sec. 1 The powers vested by law in the surveyor general, shall extend over all the public lands of the U. Powers of the nited States to which the Indian title has been or shall hereafter be extinguished, north of the river Ohio, and east of the river Mississippi; and it shall be the duty of the said surveyor general, to cause the said lands to be surveyed into townships, six miles square, and divided in the same manner and under the same regulations, and to do and perform all such other acts in relation to the said lands, as is provided by law in relation to the lands of the United States, situ. ate north-west of the river Ohio, and above the mouth of Kentucky river: Provided, That the whole expense of surveying and marking the lines shall not exceed three dollars for every mile that shall be actually run, surveyed and marked: That such tracts of land as are lawfully claimed by individuals within the said boundaries, and the title whereto has been or shall be recognized by the United States, shall be laid out and surveyed at the expense of the parties respectively, in conformity with the true boundaries of such tracts. And it shall also, be the duty of the said surveyor general to cause to be run, surveyed and marked, such of the Indian boundary lines of the said lands, as have not yet been surveyed; and with the approbation of the President of the United States to ascertain by astronomical observations, the posi tions of such places, north of the river Ohio and east of the river Mississippi, as may be deemed necessary for the correctness of the surveys, and to be the most important points of the geography of the country.

of the claim

ants.

Indian boundary lines to be run and position of important points ascer

tained.

Public lands,

been survey.

Sec. 13. Whenever any of the public lands shall after having have been surveyed in the manner directed by law, ed, to be di- they shall be divided by the secretary of the treasury vided by the into convenient surveying districts, and a deputy sur secretary of veyor shall, with the approbation of the said secreta

shall be ap.

ry, be appointed by the surveyor general for each the treasury, district, who shall take an oath or affirmation, truly into surveying districts: and faithfully to perform the duties of his office; and For each of whose duty it shall be to run and mark such lines as which a demay be necessary for sub-dividing the lands surveyed puty surveyas aforesaid, into sections, half sections* or quarter or, with the approbation sections, as the case may be; to ascertain the true of the secrecontents of such sub-divisions; and to record in a tary of the book to be kept for that purpose, the surveys thus treasury, made. The surveyor general shall furnish each depointed. puty surveyor with a copy of the plat of the townships His duties. and fractional parts of townships contained in his dis. The surveyor trict, describing the sub-divisions thereof, and the general to furmarks of the corners. Each deputy surveyor shall nish the depu be entitled to receive from the purchaser of any tract ties with coof land, of which a line or lines shall have been run pies of the plats and and marked by him, at the rate of three dollars for fractional every mile thus surveyed and marked, before he parts of shall deliver to him a copy of the plat of such tract, their districts. stating its contents. The fees payable by virtue of Fees of the former laws for surveying expenses shall, after the deputies. first day of July next, be no longer demandable from, Former surand paid by the purchasers. And no final certificate veying fees shall thereafter be given by the register of any land not demandoffice to the purchaser of any tract of land, all the lines of which shall not have been run, and the contents ascertainedt by the surveyor general or his assistants, unless such purchaser shall lodge with the said register a plat of such tract, certified by the district surveyor.

townships in

able.

VIII. 74.

to be sub-di

Sec. 1. The surveyor general shall cause all those 11-Feb. 1805. lands north of the river Ohio, which, by virtue of the Certain towract, entitled "An act providing for the sale of the ships in Ohio lands of the United States, in the territory north- vided into west of the river Ohio, and above the mouth of sections. the Kentucky river," were sub-divided, by running through the townships, parallel lines each way, at the end of every two miles, and by marking a corner on

The boundary lines of sections to be run at public expense, by

the surveyor general, by act of 11th February, 1805.

This last provision repealed by act of 11th February, 1805.
Passed 18th May, 1796.

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