of the sections or subdivisions for which they were intended; and the length of such lines, as returned by either of the surveyors aforesaid, shall be held and considered as the true length thereof. And the boundary lines which shall not have been actually run and marked as aforesaid shall be ascertained by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the watercourse, Indian boundary line, or other external boundary of such fractional township.

3. Each section, or subdivision of section, the contents whereof shall have been, or, by virtue of the first section of this act, shall be, returned by the surveyor general, or by the surveyor of the public lands south of the State of Tennessee, respectively, shall be held and considered as containing the exact quantity expressed in such return or returns; and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half or the one-fourth part, respectively, of the returned contents of the section of which they make part.

SEC. 3. And be it further enacted, That so much of the act intituled "An act making provision for the disposal of the lands in the Indiana. Territory, and for other purposes," as provides the mode of ascertaining the true contents of sections, or subdivisions of sections, and prevents the issue of final certificates, unless the said contents shall have been ascertained, and a plot, certified by the district surveyor, lodged with the register, be, and the same is hereby, repealed.

Approved, February 11, 1805.

No. 4.-An Act to prevent settlements being made on lands ceded to the United States until authorized by law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall, after the passing of this act, take possession of, or make a settlement on, any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States, which lands shall not have been previously sold, ceded, or leased, by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognised and confirmed by the United States, or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled; or shall survey, or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees or otherwise, until thereto duly authorized by law; such offender or offenders shall forfeit all his or their right, title, and claim, if any he hath or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or cause to be occupied, taken possession of or settled, or which he or they shall have surveyed, or attempt to survey, or caused to be surveyed, or the boundaries thereof he or they shall have designated, or caused to be designated, by marking trees

or otherwise. And it shall moreover be lawful for the President of the United States to direct the marshal, or officer acting as marshal, in the manner hereinafter directed, and also to take such other measures and to employ such military force as he may judge necessary and proper, to remove from lands ceded or secured to the United States, by treaty or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make, a settlement thereon, until thereunto authorized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings: Provided, That nothing herein contained shall be construed to affect the right, title, or claim, of any person to lands in the Territories of Orleans or Louisiana, before the boards of commissioners established by the act intituled "An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the district of Louisiana," shall have made their reports, and the decision of Congress been had thereon.

SEC. 2. And be it further enacted, That any person or persons who, before, the passing of this act, had taken possession of, occupied, or made a settlement on, any lands ceded or secured to the United States by any treaty made with a foreign nation, or by a cession from any State to the United States, which lands had not been previously sold, ceded, or leased, by the United States, or the claim to which lands had not been previously recognized and confirmed by the United States; and who, at the time of passing this act, does or do actually inhabit and reside on such lands, may, at any time prior to the first day of January next, apply to the proper register or recorder, as the case may be, of the land office established for the disposal, registering, or recording, of such lands, or to such person or persons as may, by such registers or recorders, respectively, be appointed for the purpose of receiving such application, stating the tract or tracts of land thus occupied, settled, and inhabited, by such applicant or applicants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register or recorder, respectively, to permit, in conformity with such instructions as may be given by the Secretary of the Treasury, with the approbation of the President of the United States, for that purpose, such appliant or applicants to remain on such tract or tracts of land, not exceeding aree hundred and twenty acres for each applicant, as tenants at will, on such terms and conditions as shall prevent any waste or damages on such lands, and on the express condition that such applicant or applicants shall, whenever such tract or tracts of land may be sold or ceded by the United States, or whenever, for any other cause, he or they may be required, under the authority of the United States, so to do, give quiet possession of such tract or tracts of land to the purchaser or purchasers, or remove altogether from the land, as the case may be: Provided however, That such permission shall not be granted to any such applicant, unless he shall previously sign a declaration, stating that he does not lay any claim. to such tract or tracts of land, and that he does not occupy the same by virtue of any claim, or pretended claim, derived, or pretended to be derived from any other person or persons: And provided also, That in all cases where the tract of land applied for includes either a lead mine or salt spring, no permission to work the same shall be granted, without the approbation of the President of the United States, who is hereby authorized to cause such mines or springs to be leased for a term not exceeding three years, and on such conditions as he shall think proper.

SEC. 3. And be it further enacted, That all the applications made, and provisions granted, by virtue of the last [preceding] section, shall be duly

entered on books to be kept for that purpose, by the registers and recorders aforesaid, respectively; and they shall be entitled to receive from the party, for each application, fifty cents, and for each permission one dollar.

SEC. 4. And be it further enacted, That it shall be lawful, after the first day of January next, for the proper marshal, or officer acting as marshal, under such instructions as may, for that purpose, be given by the President of the United States, to remove from the lands aforesaid, any and every person or persons who shall be found on the same, and who shall not have obtained permission to remain thereon as aforesaid: Provided, That three months' previous notice shall be given to all such person or persons, as aforesaid, who were settled on such lands prior to the passing of this act. And every such person who shall at any time after the expiration of three months after such notice shall have been given, be found on any part of the lands as aforesaid, shall, moreover, incur a penalty of one hundred dollars, to be recovered in any court having jurisdiction of the same; and be, moreover, liable, on conviction, to imprisonment, at the discretion of the court, not exceeding six months; and the certificate of the proper register or recorder shall be a sufficient evidence that the tract of land which was occupied by the offender had not been previously sold, leased, or ceded by the United States, that the claim to such tract had not been recognized and confirmed by the United States, and that the person occupying the same, and removed, or to be removed, by the marshal, had not obtained permission to remain thereon, in conformity with the provisions of this act: Provided, always and it is further enacted, That nothing in this section contained shall be construed to apply to any person claiming lands in the Territories of Orleans or Louisiana, whose claim shall have been filed with the proper commissioners before the first day of January next. Approved, March 3, 1807.

No. 5.-An Act concerning the sale of the lands of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the President of the United States has been or may be authorized to cause the public lands, in any land district, to be offered for sale, it shall be lawful, whenever he shall think it convenient, to offer 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. * Approved, March 31, 1808.

No. 6.-An Act to prescribe the mode in which application shall be made for the purchase of land at the several land offices.

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

* Secs. 2 to 8 inclusive, having expired, are omitted.

day of June next, every person making application, at any of the land offices of the United States, for the purchase, at private sale, of a tract of land, shall produce to the register a memorandum, in writing, describing the tract, which he shall enter by the proper number of the section, half section, or quarter, (as the case may be,) and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office.

Approved, February 24, 1810.

No. 7.-An Act directing the terms on which lands sold at public sale, and that revert for failure in payment, shall again be sold.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no tract or tracts of the reserved sections or other public lands of the United States, that have been or may hereafter be sold at public sale, and which may have, or shall, on account of failure to complete the payment of the purchase-money, revert to the United States, shall hereafter be sold, at private sale, at a price less than that for which the same tract was sold at public sale. Approved, January 14, 1812.

No. 8.-An Act for the establishment of a General Land Office in the Department of the Treasury.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there shall be established in the Department of the Treasury an office, to be denominated the General Land Office; the chief officer of which shall be called the Commissioner of the General Land Office, whose duty it shall be, under the direction of the head of the Department, to superintend, execute, and perform, all such acts and things, touching or respecting the public lands of the United States, and other lands patented or granted by the United States, as have heretofore been directed by law to be done or performed in the office of the Secretary of State, of the Secretary and Register of the Treasury, and of the Secretary of War, or which shall hereafter by law be assigned to the said office.

SEC. 2. And be it further enacted, That there shall be in the said office an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk of the General Land Office, who, in all cases, when the said principal office shall become vacant, during such vacancy, shall have the charge and custody of the seal, and of all records, books, and papers, belonging to the said office.

SEC. 3. And be it further enacted, That the said principal officer, and every other person to be appointed and employed in the said office, shall, before he enters on the duties of his office or appointment, take an oath or affirmation, truly and faithfully to execute the trust committed to him.

SEC. 4. And be it further enacted, That the said Commissioner shall cause a seal of office to be made and provided for the said office, with such device as the President of the United States shall approve; and copies of any records, books, or papers, belonging to the said office, under the signature of the said Commissioner, or, when the office shall be vacant, under the signature of the chief clerk; and the said seal shall be competent evidence in all cases in which the original records, books, or papers, could be evidence.

SEC. 5. And be it further enacted, That the said Commissioner shall, forthwith, after his appointment, be entitled to the custody and shall take charge of the said seal, and also of all records, books, and papers, remaining in the offices of the Secretary of State, of the Secretary and Register of the Treasury, and of the Secretary of War, touching or concerning the public lands of the United States; and the said records, books, and papers, shall become, and be deemed, the records, books and papers, of the said office.

SEC. 6. And be it further enacted, That the said Commissioner shall, when required by the President of the United States or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands, and concerning the business of his office, as shall be directed.

SEC. 7. And be it further enacted, That in all cases in which land has heretofore or shall hereafter be given by the United States for military services, warrants shall be granted to the parties entitled to such land by the Secretary of War; and such warrants shall be recorded in the said Land Office, in books to be kept for the purpose, and shall be located as is or may be provided by law; and patents shall afterwards be issued accordingly.

SEC. 8. And be it further enacted, That all patents issuing from the said office shall be issued in the name of the United States, and under the seal of the said office, and be signed by the President of the United States, and countersigned by the commissioner of the said office, and shall be recorded in the said office, in books to be kept for the purpose.

SEC. 9. And be it further enacted, That all returns relative to the public lands, heretofore directed to be made to the Secretary of the Treasury, shall hereafter be made to the said commissioner, who shall have power to audit and settle all public accounts relative to the public lands: Provided, That it shall be the duty of the said commissioner, upon the settlement of any such account, to certify the balance, and transmit the account, with the vouchers and certificate, to the Comptroller of the Treasury, for his examination and decision thereon.

SEC. 10. And be it further enacted, That no person appointed to an office instituted by this act, or employed in any such office, shall, directly or indirectly, be concerned in the purchase of any right, title, or interest, in any public land, either in his own right, or in trust for any other person, or in the name or right of any other person in trust for himself, nor shall take or receive any fee or emolument for negotiating or transacting the business of the office. And any person offending in the premises against the prohibitions of this act shall forfeit and pay one hundred dollars; and, upon conviction, shall be removed from office.

SEC. 11. And be it further enacted, That the Commissioner of the said Land Office shall be appointed by the President of the United States, by and with the advice and consent of the Senate; and shall receive an annual salary, equal to the salary of the Auditor of the Treasury, payable quarterly, and the sum of two thousand two hundred and fifty dollars is hereby appro