An Act to extend and continue in force the provisions of an act intituled "An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes or his associates, for lands lying between the Miami rivers...,1802


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Statute I, Chap. XLIV.—An Act to extend and continue in force the provisions of an act intituled "An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes or his associates, for lands lying between the Miami rivers, in the territory northwest if the Ohio, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several provisions of an act intituled "An act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes, or his associates, for lands lying between the Miami rivers in the territory northwest of the Ohio," shall be, and the same are hereby continued in force until the first day of March next, subject to the modifications contained in this act.

Sec. 2. And be it further enacted, That the provisions of the said act shall, and the same are hereby extended to all persons claiming lands lying between the Miami rivers, and without the limits of Ludlow's survey, by purchase or contract made prior to the first day of January, one thousand eight hundred, with John Cleves Symmes or his associates.

Sec. 3. And be it further enacted, That every person claiming lands as aforesaid, either within or without the limits of Ludlow's survey, and who have not obtained a certificate of the right of pre-emption therefor, shall, on or before the first day of November next, give notice of the nature and extent of his claim, in manner prescribed by the second section of the said act. And the receiver of public monies, and commissioners appointed under the fourth section of the said act, shall meet at Cincinnati, on the second Monday of November next, they having given four weeks previous notice of such meeting in a public newspaper printed at Cincinnati, and shall then and there proceed to hear and finally decide upon all claims, of which notice may have been given as aforesaid, and shall, in all matters relative thereto, govern themselves by the provisions of the said act. Vacancies in the said board of commissioners may be filled by the President of the United States alone. And the duties, powers and emoluments of the said commissioners, receiver of public monies, and register of the land-office at Cincinnati, and surveyor-general, as prescribed by the said act, shall, and the same are hereby continued.

Sec. 4. And be it further enacted, That every person who may have obtained, or who shall hereafter obtain, as aforesaid, a certificate of a right of pre-emption from the said commissioners shall be allowed until the first day of January next, to make the first payment required for the lands described in such certificate, and shall, in all other respects relative thereto, conform to the several provisions of the said act.

Sec. 5. And be it further enacted, That it shall and may be lawful for the Secretary of the Treasury to cause to be viewed, marked, and opened, such roads within the territory northwest of the Ohio, as in his opinion will best serve to promote the sales of the public lands in future: Provided, that the whole sum to be expended on such roads shall not exceed six thousand dollars, and that the same shall be paid out of the monies paid by purchasers of public lands on account of surveying expenses.

Sec. 6. And be it further enacted, That all the lands around Vincennes on the Wabash, in the Indiana territory, the Indian title to which hath been extinguished, shall be surveyed and laid off in the manner prescribed by the third section of an act entitled "An act to amend an act entitled 'An act providing for the sales of the lands of the United States in the territory northwest of the Ohio, and above the mouth of Kentucky river,'"under directions from the Secretary of the Treasury, and by such person or persons as the President of the United States alone shall appoint for that purpose: Provided, that the whole expense of surveying and marking the lines shall not exceed four dollars for every mile that shall be actually run, surveyed and marked. And two plats of the lands aforesaid shall be prepared by the person or persons who may survey the same, who shall also designate thereon the bounds of the lands of individuals held under reservations of the state of Virginia, or under the laws of the United States: one of the said plats shall be returned to the office of the Secretary of the Treasury, and the other shall be deposited with the secretary of the Indiana territory.

Sec. 7. And be it further enacted, That in all cases where any section or fractional section of land lying within the seven ranges of townships has been sold prior to the tenth day of May, one thousand eight hundred, under the authority of the United States, the lines of such section or fractional section shall be run under the direction of the Secretary of the Treasury, in the manner most consistent with the supposed boundaries of the same, at the time of the sale, any thing in the act of the tenth of May, one thousand eight hundred, to the contrary notwithstanding. And it shall be lawful for the Secretary of the Treasury, whenever lines thus run shall interfere with the claim of a purchaser of public 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.

Approved, May 1, 1802.

2 Stat. 179

 
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