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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 In case of failure due. And in case of failure in paying either the arrears of tract to be offered interest on each of the two instalments of principal, with for sale, and to re the accruing interest, at the time and times above mentioned,

in paying, &c., the

vert, &c.

*See act of 30th of April, 1810, chap. 110.

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 interest, be not at such sale bidden and paid.* Approved, March 2, 1809.

[See Part II, Nos. 214, 216.]

Cherokee

as lies within the

tory, for which a

lished by the 2d

referred to, with

No. 16, &c., to be

the highest bidder, &c.

CHAP. 104.-An act supplementary to an act entitled "An act making appropriations for carrying into effect a treaty between the United States and the Chickasaw tribe of Indians, and to establish a land office in the Mississippi Territory."

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSo much of the sembled, That so much of the lands ceded to the United lands ceded by the States by the Cherokee and Chickasaw Indians as lies within Chickasaw Ind'ns, the Mississippi Territory, and for which a land office was Mississippi Terri- directed to be established by the second section of the act land office was di- to which this act is a supplement, shall, with the exception rected to be estaba of section number sixteen in each township, which shall section of the act be reserved for the use of schools within the same, and with the exception of the exception of the salt springs and lands contiguous thereto, offered for sale to which, by direction of the President of the United States, may be reserved for the future disposal of the said United States, be offered for sale to the highest bidder, under the direction of the register of the land office and of the receiver of public moneys at the place where the land office is established, and on the day or days which shall have been designated by proclamation of the President of the United The sales to re- States for that purpose; the sales shall remain open for six weeks; and the Weeks, and no longer; the lands shall not be sold for less lands not to be sold than two dollars an acre, and shall be sold in tracts of the same size, and, in all respects, on the same terms and conditions, as have been or may be by law provided for the +See chap. 62. sale of the other public lands in the Mississippi Territory. Lands remaining All the lands of the United States in the said district, with unsold, &c., with the exceptions above mentioned, remaining unsold at the mentioned, may close of the public sales, may be disposed of at private sale private sale, &c. by the register of the land office, in the same manner, under

main open six

for less than 82 an

acre, &c

the exceptions

be disposed of at

the same regulations, for the same price, and on the same terms and conditions, as are or may be provided by law for the sale of the lands of the United States in the Mississippi Territory; and patents shall be obtained for lands sold in said district in the same manner and on the same terms as are provided by law for other public lands sold in the Mississippi Territory.*

*See chap. 62.

public sales to re

SEC. 2. And be it further enacted, That the superintend- Superintendents of ents of the public sales directed by this act shall each re- ceive, each, $6 for ceive six dollars a day for every day's attendance on the every day's attendsaid sales.

Approved, June 15, 1809.

[See Part II, Nos. 213, 239.]

CHAP. 105.-An act extending the time for issuing and locating military land

warrants.t

ance.

21st March, 1808,

act of July 5, 1813,

6, 442, 461, 479.

issue military land

SEC. 1. Be it enacted by the Senate and House of Repre- +See former act, of sentatives of the United States of America in Congress as- ante, chap. 97; and sembled, That the Secretary of War be authorized to issue chap. 155, post; & chapters 167, 181, military land warrants to such persons as have or shall, be- 211, 226, § 2, 254, fore the first day of March, one thousand eight hundred and 265,322, 346, 402, G thirteen, produce to him satisfactory evidence of the validity The Secretary of of their claims; which warrants, with those heretofore is- War authorized to sued and not yet satisfied, shall and may be located in the warrants to such names of the holders or proprietors thereof, prior to the first the 1st of March, day of October, one thousand eight hundred and thirteen, factory evidence of on any unlocated parts of the fifty quarter townships and the the validity of their fractional quarter townships reserved by law for original The warrants, &c. holders of military land warrants. Approved, December 19, 1809.

[See Part II, Nos. 2, 43, 108, 113, 114, 115, 116, 121, 236, 237.]

persons as, before

1813, produce satis

claims, &c.

may be located in the names of the holders or proprietors, prior to the 1st October, 1813, on any unlocated parts of the fifty quarter townships, &c.

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CHAP. 106.-An act to prescribe the mode in which application shall be made for the purchase of land at the several land offices, and for the relief of Job Garret.

applying at any of

the United States

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the first day of June next, After the 1st of every person making application, at any of the land offices June, 1810, persons of the United States, for the purchase, at private sale, of a the land offices of tract of land, shall produce to the register a memorandum, for the purchase, in writing, describing the tract, which he shall enter by the a tract of land, to proper number of the section, half section, or quarter, (as produce to the rethe case may be,) and of the township and range, subscri- dum,in writing, debing his name thereto, which memorandum the register shall etc. file and preserve in his office.

SEC. 2.‡

Approved, February 24, 1810.

at private sale, of

gister a memoran

scribing the tract,

*Private.

*See former act, of 7th April, 1798, ch. 86. See also chap. 132, post.

Persons having

claims under the

gress referred to,

CHAP.

107.-An act further to provide for the refugees from the British provinces of Canada and Nova Scotia, and for other purposes.*

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons having claims under the resoluresolutions of Con- tions of Congress passed the twenty-third day of April, one as refugees from thousand seven hundred and eighty-three, and the thirteenth Canada and Nova of April, one thousand seven hundred and eighty-five,† as an account of their refugees from the British provinces of Canada and Nova Office within two Scotia, shall transmit to the War Office, within two years See chap. 10,ante. after the passing of this act, a just and true account of their claims to the bounty of Congress.

Scotia, to transmit

claims to the War

years, etc.

sons entitled to the

persons,

in Canada or Nova

4th of July, 1776,

ments, etc. and did

the 25th of November, 1783.

Description of per- SEC. 2. And be it further enacted, That no other person benefits of this act. shall be entitled to the benefits of the provisions of this act than those of the following descriptions, or their widows and 1. Heads of fami- heirs, viz: First, Those heads of families, and single perlies, and single resident sons not members of any such families, who were residents Scotia prior to the in one of the provinces aforesaid prior to the fourth day of and who abandon: July, one thousand seven hundred and seventy-six, and who ed their settle abandoned their settlements in consequence of having given not return prior to aid to the United Colonies or States in the revolutionary war against Britain, or with intention to give such aid, and continued in the United States, or in their service, during the said war, and did not return to reside in the dominions of the King of Great Britain prior to the twenty-fifth day of November, one thousand seven hundred and eighty-three. Widows and Second, The widows and heirs of all such persons as were who died in the actually residents as aforesaid, who abandoned their settlements as aforesaid, and died within the United States, or in 3. Members of fam- their service, during the said war. And, thirdly, All perinto the service of Sons who were members of families at the time of their coming into the United States, and who, during the war,

2.

heirs of refugees

United States, etc.

ilies who entered

the United States

during the war,

etc.

The proof of the circumstances ne

the applicants to

act may be taken

entered into their service.

SEC. 3. And be it further enacted, That the proof of the cessary to entitle several circumstances necessary to entitle the applicants to the benefits of this the benefits of this act may be taken before a judge of the before judges of supreme or district court of the United States, or a judge United States of the supreme or superior court, or the first justice or first judge of the court of common pleas, or county court, of any State.

State or of the

courts.

War to lay the ev

ry and Comptroller

The Secretary of SEC. 4. And be it further enacted, That at the expiraidence of claims tion of fifteen months from and after the passing of this act, before the Secreta- and from time to time thereafter, it shall be the duty of the of the Treasury, Secretary for the Department of War to lay such evidence examine and de- of claims as he may have received before the Secretary and of land ought to be Comptroller of the Treasury, and, with them, proceed to allowed, etc. examine the testimony, and give their judgment what quan

and, with them, to

cide what quantity

tity of land ought to be allowed to the individual claimants, in proportion to the degree of their respective services, sacrifices, and sufferings, in consequence of their attachment to the cause of the United States; allowing to those of the first

first class to be al

last not exceeding termediate classes,

Separate report to

ants who, on ac

etc., cannot justly

etc.

class a quantity not exceeding one thousand acres, and to Claimants of the the last class a quantity not exceeding one hundred, making lowed not exceed such intermediate classes as the resolutions aforesaid and ing 1,000 and of the distributive justice may, in their judgment, require, and 100 acres, with inmake report thereof to Congress. And in case any such etc. claimant shall have sustained such losses and sufferings, or be made of claimperformed such services, for the United States, that he can count of services, not justly be classed in any one general class, a separate re- be classed in any port shall be made of his circumstances, together with the one general class, quantity of land that ought to be allowed him, having reference to the foregoing ratio: Provided, That in considering Proviso; in consid what compensation ought to be made by virtue of this act, all ering what comgrants, except military grants, which may have been made by be made by this the United States or individual States, shall be considered cept, etc. at the at the just value thereof at the time the same were made, timated as satisfacrespectively, either in whole or in part, as the case may be, tion, etc. a satisfaction to those who may have received the same: Provided, also, That no claim under this law shall be as- Proviso; no claim signable until after report made to Congress as aforesaid, assignable until and until the said lands be granted to the persons entitled ed, etc. to the benefit of this act.

pensation ought to

act, all grants, ex

just value to be es

exibited within

SEC. 5. And be it further enacted, That all claims in vir- Claims, etc. not tue of said resolutions of Congress which shall not be ex- time limited, hibited, as aforesaid, within the time by this act limited, forever barred. shall forever thereafter be barred: Provided, That no pat- Proviso; no patent ent shall be issued to any person who may hereafter estab- to issue, etc. until lish his claim under the said act, until he produce satisfac- evidence that he is tory evidence to the Secretary of the Treasury that he is at the time then being a resident within the United States. Approved, February 24, 1810.

the party produces

at the time a resi

dent, etc.

CHAP. 108.—An act to extend the time for locating Virginia military land

warrants, and for returning the surveys thereon to the Secretary of the De- *Time further expartment of War.

1

tended. See act of 3d of November, 1814, chap. 167.

ginia line on con

ment, etc. allowed

five years, etc. to

and complete loca

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the officers and soldiers of the Virginia line The officers and on continental establishment, their heirs or assigns, entitled soldiers of the Vir to bounty lands within the tract reserved by Virginia, be- tinental establishtween the Little Miami and Sciota rivers, for satisfying the a further term of legal bounties to her officers and soldiers upon continental obtain warrants establishment, shall be allowed a further term of five years, tions, and a fur from and after the passage of this act, to obtain warrants ther term of seven and complete their locations, and a further term of seven turn their surveys, years, from and after the passage of this act, as aforesaid, to return their surveys and warrants, or certified copies of warrants, to the office of the Secretary of the War Department, any thing in any former act to the contrary notwithstanding: Provided, That no locations, as aforesaid, within the abovementioned tract, shall, after the passing of this act, be made

years, etc. to re.

etc.

tions within the

Proviso; no loca on tracts of land for which patents had previously been istract mentioned, sued, or which had been previously surveyed; and any patMarch, 1810, to be ent which may, nevertheless, be obtained for land located which patents had contrary to the provisions of this section, shall be considered been previously is as null and void.

after the 16th of

made on tracts for

sued, etc.

Approved, March 16, 1810.

[See Part II, Nos. 2, 35, 43, 108, 113, 114, 115, 116, 121, 134, 136, 137, 236, 237.]

to which the In

tinguished by the

to the dis

and Vincennes.

to, with the excep

offered for sale to

&c.

CHAP. 109.-An act providing for the sale of certain lands in the Indiana
Territory, and for other purposes.

SEC. 1. Be it enacted by the Senate and House of Rep resentatives of the United States of America in Congress

The tract of land assembled, That all that tract of land to which the Indian dian title was ex title was extinguished by the treaty made at Fort Wayne treaty of For on the thirtieth day of September, in the year one thousand Wayne, &c to be eight hundred and nine, lying west and adjoining to the tricts of Cincinnati boundary line established by the treaty of Greenville, shall be attached to and made a part of the district of Cincinnati; and the residue of the lands to which the Indian title was extinguished by the said treaty, and other treaties made at Vincennes in the same year, shall be attached to and made a part of the district of Vincennes; and the said lands, with The lands referred the exception of section number sixteen, which shall be retion of No. 16, to be served in each township for the use of schools within the the highest bidder, same, shall be offered for sale to the highest bidder, under the direction of the register of the land office and of the receiver of public moneys at the places, respectively, where the land offices are kept, and on such day or days as shall, by proclamation of the President of the United States, be designated for that purpose. The sales shall remain open main open at Cin; at Cincinnati one week, and at Vincennes three weeks, and and at Vincennes no longer; the lands shall not be sold for less than two dolnot to be sold for lars an acre, and shall, in every other respect, be sold in tracts of the same size, and on the same terms and conditions, as have been or may be provided for lands sold in the same districts; all the lands in the said tracts, with the exLands remaining ception above mentioned, remaining unsold at the close of be dis the said sales, may be disposed of at private sale by the reposed of at private gister of the respective land offices, in the same manner, under the same regulations, for the same price, and on the Patents to be ob- same terms and conditions, as are or may be provided by tained as for other law for the sale of lands in the same districts; and patents shall be obtained in the same manner and on the same terms 69, and section 3, as for other public lands sold in the same districts.* SEC. 2. And be it further enacted, That the several susales under this perintendents of public sales directed by this act shall react to receive $4 a ceive four dollars a day for each day's attendance on the said

The sales to re

cinnati one week,

three weeks; lands

less than 2 per acre, &c.

unsold, except,

&c.. may

sale, &c.

public lands in the same districts.

See sect. 5, chap. chap. 125.

Superintendents of

day, &c.

sales.

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