May 11, 1820. ly ceded, &c., to No. 90.—AN ACT authorizing the sale of thirteen sections of land, lying within the land district of Canton, in the State of Ohio. Be it enacted, &c., That the thirteen sections of land lying within the trict of Canton, land district of Canton, (a) in the State of Ohio, which were reserved for reserved by act of the use of certain persons of the Delaware tribe of Indians, by an act of March 3d, 1807, Congress, passed on the third day of March, one thousand eight hundred and subsequent and seven, and were subsequently ceded to the United [States] by the be offered for sale eighteenth article of the treaty concluded on the twenty-ninth day of at Wooster, &c. September, one thousand eight hundred and seventeen, shall be offered to public sale, by the register and receiver of the public moneys at the land office at Wooster, on such day, or days, as the President shall designate for that purpose, in the same manner, and on the same conditions and terms, as are provided by law for the sale of the public lands of the United States. (b) (a) See Nos. 21, 25, 29, 30, 32, 35, 39, 41, 44, 47, 52, 59, 65, 76, 79, 80, 81, 85, 88, 99, 104, 132, 140, 158, 189. (b) See Nos. 11, 16, 21, 25, 29, 30, 32, 36, 39, 41, 43, 44, 47, 48, 52, 56, 59, 65, 76, 79, 80, 81, 83, 84, 85, 87, 88, 99, 102, 108, 111, 113, 126, 130, 132, 133, 145, 155, 158, 175, 185. May 15, 1820. The President not citizens of No. 91.-AN ACT to authorize the appointment of commissioners to lay out the road therein mentioned. Whereas, by the continuation of the Cumberland road from Wheeling in the State of Virginia, through the States of Ohio, Indiana, and Illinois, the lands of the United States may become more valuableBe it enacted, &c., That the President of the United States be, and he to appoint three is hereby, authorized to appoint three impartial and judicious persons, commissioners, not being citizens of any of the States aforesaid, to be commissioners, Obio, Indiana, or and, in case of the death or resignation of any of them, to appoint other Illinois, to exam and like persons in their place, who shall have power carefully to examine the country ine the country, between Wheeling, in the State of Virginia, and a point between Wheel on the left bank of the Mississippi River, to be chosen by said commising and a point on the Mississioners, between St. Louis and the mouth of the Illinois River, and to lay sippi, &c., and lay out a road from Wheeling aforesaid, to the point so to be chosen on the out a road. left bank of the river Mississippi; the said road to be on a straight line, or as nearly so as, having a due regard to the condition and situation of the ground and water-courses over which the same shall be laid out, shall be deemed expedient and practicable. And said commissioners shall have power to employ able surveyors, chain-bearers, and other neceschain-bearers, sary assistants, in laying out said road; and so much of the lands Lands for the of the United States as may be included within the same, shall be, and road reserved is hereby, reserved and excepted from the sales of the public lands. from sales. The said road to be eighty feet wide, and designated by marked trees, Surveyors, &c. road to be made ont. vided into sec expense. stakes, or other conspicuous monuments, at the distance of every quarter Road to be 80 of a mile, and at every angle of deviation from a straight line. And feet wide, &c. the said commissioners shall cause to be made, and delivered to the A plan of the President of the United States, an accurate plan of said road, so laid out by them as aforesaid, with a written report of their proceedings, describing therein the State lines crossed, and the marks, monuments, courses, and distances, by which the said road shall be designated; deRoads to be di- scribing also, the water-courses, and the nature and quality of the ground tions, with notice over which the same shall be laid out; they shall, moreover, divide said of materials for road into sections of not more than ten, nor less than five, miles long, making each, and noticing the materials that may be used in making, and giving an estimate of the expense of making, each section of the road aforesaid. Commissioners, SEC. 2. And be it further enacted, That the commissioners, surveyors, &c., to take an chain-bearers, and other necessary assistants, to be appointed in pursuance of this act, shall severally take an oath, or affirmation, faithfully and diligently to perform their respective duties, and shall receive, in full compensation for their services and expenses, each commissioner six dollars, each surveyor three dollars, and each other necessary assistant one dollar, for each day in which they shall be necessarily employed in the service aforesaid: Provided always, and it is hereby enacted and declared, That nothing in this act contained, or that shall be done in pursuance thereof, shall be deemed or construed to imply any obligation on the part of the United States to make, or to defray the expense of making, the road hereby authorized to be laid out, or of any part thereof. oath. Compensation. Proviso. SEC. 3. And be it further enacted, That ten thousand dollars, to be paid Appropriati on out of any money in the Treasury not otherwise appropriated, be, and of $10,000 for layare hereby, appropriated to defray the expense of laying out the road ing out the road. aforesaid. No. 92.—AN ACT granting to the State of Ohio the right of pre-emption to certain quarter-sections of land. May 15, 1820. Be it enacted, &c., That there be granted to the State of Ohio, at the minimum price for which the public lands are sold, the right of pre-emption at miniprice, to emption to one quarter-section, in or near the centre of each county, in- mum one quarter-seccluded in the purchase recently made of the Indians, by the treaty con- tion, in the cencluded at St. Mary's, on the twentieth day of September, one thousand tre of each couneight hundred and eighteen, for the establishment of a seat of justice ty, in the purin the said counties: Provided, The purchase be made before the com- dian treaty of St. chase by the Inmencement of the public sales: And provided also, That the proceeds of Mary's, granted the sale of each quarter-section, which may be made under the author- to Ohio, for a seat ity of the State of Ohio, shall be appropriated for the purpose of erect- of justice. ing public buildings in said counties, respectively, after deducting therefrom the sums originally paid by the State aforesaid: And provided further, That the seat of justice for said counties, respectively, shall be fixed on the lands so selected. No. 93.—AN ACT to extend thet ime for locating Virginia military land-warrants, and returning surveys thereon to the General Land Office. Proviso. Feb. 9, 1821. Vol. 3, p. 612. warrants and Be it enacted, &c., That the officers and soldiers of the Virginia line Time allowed on continental establishment, their heirs or assigns, entitled to bounty until Jan., 4th lands within the tract of country reserved by the State of Virginia, be- 1823, to obtain tween the Little Miami and Sciota rivers, shall be allowed a further time complete locaof two years, from the fourth day of January, one thousand eight hun- tions; and until dred and twenty-one, to obtain warrants and complete their locations, 4th Jan., 1826, to and the further time of four years, from the fourth day of January, one thousand eight hundred and twenty-two, to return their surveys and warrants, or certified copies of warrants, to the General Land Office, to obtain patents. return surveys and warrants to procure patents. The provisions March, 1807, re SEC. 2. And be it further enacted, That the provisions of the act, entitled "An act authorizing patents to issue for lands located and surveyed of the act of 3d by virtue of certain Virginia resolution warrants," passed the third day vived, with limiof March, one thousand eight hundred and seven, shall be revived and tation, as to time, in force, with all its restrictions, except that the respective times al- as in the precedlowed for making locations, and returning surveys thereon, shall be ing section, &c. limited to the terms prescribed by the first section of this act, for the location and return of surveys on other warrants, and that the surveys shall be returned to the General Land Office: Provided, That no locations Proviso; no loas aforesaid, in virtue of this or the preceding section of this act, shall cation on tracts be made on tracts of land for which patents had previously been issued, previously patented or surveyor which had been previously surveyed; and any patent which may, ent nevertheless, be obtained for land located contrary to the provisions of this act, shall be considered null and void. (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 98, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 94.-AN ACT for the relief of Benjamin Stephenson. May 7, 1822. Be it enacted, &c., That Benjamin Stephenson, of the State of Illinois, be, and is hereby, authorized to locate four hundred and ninety-five acres of any of the unappropriated lands lying within the military reserve, locato 495 acres between the rivers Sciota and Little Miami, in the State of Ohio, which of any unappro shall be in full satisfaction of the claim of the said Benjamin Stephen- priated lands ly ing within the son, as the legal representative of George Hite, to whom the same quan- military retity of land was, on the fourteenth day of September, seventeen hun- serve, in full satdred and eighty-seven, patented by the State of Virginia, for his serv- isfaction of his ices in the Virginia continental line during the revolutionary war, and claim, &c. which was transferred to the said Benjamin Stephenson by a regular deed of conveyance from the said George Hite, and of which he was afterwards evicted by virtue of a prior grant of the same land; and the said Benjamin Stephenson, or his legal representatives, shall obtain a patent therefor, in the manner prescribed by law for issuing patents upon warrants located within the said reserve. May 7, 1822. Vol. 6, p. 276. No. 95.-AN ACT vesting in the commissioners of the counties of Wood and Sandusky, the right to certain lots in the towns of Perrysburgh and Croghansville, in the State of Ohio, for county purposes. The right to Be it enacted, &c., That the right to all the unsold town lots and outunsold town lots, lots in the town of Perrysburgh be, and the same is hereby, vested in &c., in Perrys the commissioners of Wood County, in the State of Ohio; and the right burgh and Croghansville, vest to all the unsold town lots and out-lots in the town of Croghansville be, ed in the com- and the same is hereby, vested in the commissioners of Sandusky Counmissioners of ty, in said State; on condition that said commissioners shall permadusky Counties, nently locate the seat of justice for their respective counties at said towns; and that the nett proceeds of the sales of so many of said lots as are necessary to be retained for the purpose of erecting public buildings thereon, be applied to the erection and improvement of the public buildings and squares in said towns respectively. (a) Wood and San &c. May 7, 1822. . (a) See Nos. 155, 163, 186. No. 96.-AN ACT for the relief of Samuel Ewings. Be it enacted, &c., That the Secretary of the Treasury cause to be issued to Samuel Ewings, or his legal representatives, upon application, to be issued to a patent for five hundred acres of land, situated on the Miami of the Patent for land him. Feb. 28, 1823. Lake, it being the same tract which was confirmed to him under an act, entitled "An act regulating the grants of land in the Territory of Michigan," passed the third of March, one thousand eight hundred and seven: and for which he holds the register's certificate, numbered five hundred and seventy-eight. (a) (a) See No. 149. No. 97.-AN ACT for laying out and making a road, from the lower rapids of the Miami of Lake Erie to the western boundary of the Connecticut Western Reserve, in the State of Ohio, agreeable to the provisions of the treaty of Brownstown. Road from the Be it enacted, &c., That the State of Ohio is hereby authorized to lay lower rapids of the Miami of out, open, and construct, a road, from the lower rapids of the Miami of Lake Erie, to Lake Erie, to the western boundary of the Connecticut Western Reserve, Connecticut in such manner as the legislature of said State may by law provide, western reserve. with the approbation of the President of the United States; which road, when constructed, shall forever remain a public highway. expenses. Land granted SEC. 2. And be it further enacted, That, in order to enable the State of for the road, and Ohio to open and construct said road, a tract of land, one hundred and twenty feet wide, whereon to locate the same, together with a quantity of land equal to one mile on each side thereof, and adjoining thereto, to be bounded by sectional lines as run by the United States, to defray the expenses of making the said road, is hereby granted to said State; to commence at the Miami rapids, and terminate at the western boundary of the Connecticut Western Reserve, with full power and authority to sell and convey the same, and apply the proceeds to the making of said road and in case the said tract of land shall sell for a greater sum than shall be sufficient to complete such road, then the residue thereof shall remain with the State of Ohio, as a fund for the purpose of keeping said road in repair: Provided, That said road shall be made within the term of four years from the passage of this act: And provided, None of the land hereby appropriated for making said road shall be sold for a less price than one dollar and twenty-five cents per acre. Proviso. Lands sold to SEC. 3. And be it further enacted, That, in case any of the lands, be paid for at a through which it may be thought expedient to open said road, may minimum price. have been previously sold by the United States, the Secretary of the Treasury is hereby directed to pay such officer as the State of Ohio may appoint for that purpose, the net proceeds of the sales of the quantity thus sold at a minimam price. When the gov SEC. 4. And be it further enacted, That, whenever the governor of the ernor of Ohio State of Ohio shall have laid before the President of the United States shall produce a a survey of the location of said road, accompanied by an act of said survey, and an act of the State State accepting said trust, and providing for making said road within shall accept the the time above limited, and the President shall have approved the same, trust, the Presi- then the right of the State to said tract of land shall be considered as dent shall stop the sale of land. complete for the purposes aforesaid; and the President shall direct, that, until the first day of June, one thousand eight hundred and twentythree, none of the public lands shall be sold within three miles on each side of a line, to be drawn direct from the foot of the rapids of the Miami of Lake Erie to the lower rapids of Sandusky, thence to the (a) See Nos. 53, 72, 147, 163. No. 98.-AN ACT extending the time for locating Virginia military land-warrants, and returning surveys thereon to the General Land Office. March 1, 1823. Vol. 3, p. 772. Two years al warrants. Be it enacted, &c., That the officers and soldiers of the Virginia line, on the continental establishment, their heirs or assigns,ntitled to bounty lowed to officers lands within the country reserved by the State of Virginia, between and soldiers of the Little Miami and Scioto rivers, shall be allowed a further time of the Virginia line for obtaining two years, from the fourth day of January, one thousand eight hundred and twenty-three, to obtain warrants, and to complete their locations; and the further time of four years, from the fourth day of Jannary, one thousand eight hundred and twenty-three, to return their surveys and warrants, or certified copies of warrants, to the General Land Office, to obtain patents. SEC. 2. And be it further enacted, That the provisions of the act, enti- Provisions of tled "An act authorizing patents to issue for lands located and surveyed the act of March by virtue of certain Virginia resolution warrants," passed the third day 3, 1807, revived. of March, one thousand eight hundred and seven, shall be revived, and in force, with all its restrictions, except that the respective times allowed for making locations, and returning surveys thereon, shall be limited to the terms prescribed by the first section of this act, for the location and return of surveys on other warrants; and that the surveys shall be returned to the General Land Office: Provided, That no locations, Proviso. as aforesaid, in virtue of this or the preceding section of this act, shall be made on tracts of lands for which patents had previously been issued, or which had been previously surveyed; and any patent, which may nevertheless be obtained for land located contrary to the provisions of this act, shall be considered null and void, cation. SEC. 3. And be it further enacted, That no holder of any warrant which Holders of warhas been, or may be, located, shall be permitted to withdraw or remove rants not permit the same, and locate it on any other land, except in cases of eviction, in ted to remove loconsequence of a legal judgment first obtained, or unless it be found to interfere with a prior location and survey; nor shall any lands heretofore sold by the United States, within the boundaries of said reservation, be subject to location by the holder of any such unlocated warrant. (a) (a) See Nos. 1, 8, 22, 27, 32, 35, 45, 46, 51, 58, 64, 66, 82, 93, 112, 119, 121, 128, 146, 154, 159, 166, 172, 174, 177, 180, 183, 184, 187, 190. No. 99.-AN ACT supplementary to the act entitled "An act to designate the bound- March 3, 1823. No. 100.-AN ACT for the relief of Joshua Russell. March 3, 1823. Allowed to re Be it enacted, &c., That it shall and may be lawful for Joshua Russell, at any time before the thirtieth day of September next, to file with the register of the land office at Marietta, in the State of Ohio, a relin- linq ish certain quishment, in writing, of a quarter-section of the land mentioned and land described in a certain certificate of purchase issued to him by Joseph Wood, register of said land office, bearing date the twenty-second day of January, in the year of our Lord one thousand eight hundred and eighteen; and to retain the southeast fractional section of the said land; and, upon his filing said relinquishment, all sums of money paid on account of the part relinquished, shall be applied towards the discharge of any instalments which may be due, or shall hereafter become due and payable, on the said land so purchased, as shall not be relinquished; and, if the said Joshua Russell, or his assignee, or other legal representative, shall, within one year from the passing of this act, pay to the receiver of public moneys, at said office, or into the Treasury of the United States, the balance of purchase money that may remain due for the said fractional quarter-section of land, calculated at the price stated in said certificate, with interest, at the rate of six per centum per annum, upon such balance, from the thirtieth day of September, eighteen hundred and twenty-one, then the said Joshua Russell, or his assignee, or other legal representative, shall be entitled to receive a patent for the said fractional quarter-section of land. Jan. 19, 1824. · To enter No. 101.-AN ACT for the relief of William Kendall. Be it enacted, &c., That William Kendall be, and he is hereby authorva ized, as soon as he shall have relinquished to the United States, by a cant land with deed duly executed, all his right, title, and interest, in, and to, the northout payment, &c. east quarter of section fourteen, township four, range nineteen, in the Chillicothe district, to enter, without payment, with the register of said district, any vacant quarter-section, situated within the same; and he shall be entitled to a patent therefor, as in other cases. May 26, 1824. Three tracts of No. 102.—AN ACT providing for the disposition of three several tracts of land in Be it enacted, &c., That the three several tracts of land, lying in the land in the coun- county of Tuscarawas, in the State of Ohio, lately retroceded to the United ty of Tuscara States by the Society of United Brethren for propagating the Gospel surveyed and among the Heathen, (a) shall be surveyed and laid off into such lots, having laid off into lots. regard to the existing surveys and improvements thereon, as will hest was, Ohio, to be Proviso. Proviso. An agent to be appointed to re side near said land; duty of. Proviso. conduce to the sale thereof: (b) Provided, That the lots and tracts which the United States are bound to convey to the said society, shall be laid off according to the contract for retrocession: And provided, also, That a suitable number of in-lots and out-lots, in the town of Gnadenhutten, shall be laid off for said town, embracing the improved part thereof, and the fields adjoining, now occupied by the inhabitants, which shall be platted and numbered, and a copy recorded in said county, according to the laws of Ohio. SEC. 2. And be it further enacted, That the Secretary of the Treasury shall be, and is hereby, authorized to appoint an agent, who shall reside near the said land, whose duty it shall be to superintend and direct the survey of said land and lots; to receive and pay over to the Treasury the rents due, and to become due, on said lands; to take possession of such parts of said lands as may be forfeited by the tenants, by reason of nonperformance of the covenants in their leases, to ascertain the actual cash value of each of the lots and town lots, with the improvements thereon, and, also, the value of each, subject to the conditions of the lease outstanding on it, by the aid of two disinterested appraisers, to be selected by the Secretary of the Treasury, to ascertain the award to be made to Isaac Simners, Jesse Walton, Barzillai Walton, Jesse Hill, and Boaz Walton, according to their leases; to receive a surrender of such of the leases outstanding on such lands as the holders thereof may be disposed to make, who have, or shall first comply with the conditions of their leases, up to the time of the surrender; to superintend the sale of said lands and lots, and to transfer to the purchasers who shall buy any of said land or lots, subject to the leases thereon, the lease of the lot or land so bought; and to do whatever else may be necessary to effect a speedy and advantageous disposition of said lands and lots. A right of pre- SEC. 3. And be it further enacted, That a right of pre-emption shall be emption to be al- allowed to John Andreas, John Neigaman, Jacob Winsh, and Catharine lowed John An- Tschudy, at the real cash value of the lots occupied by them according dreas, and others. to the stipulations of the said agreement for retrocession, and to any of the lessees, for any lot embracing their lease; and, also, to the said Society of United Brethren, for any of the remaining lots, or town lots, to an amount not exceeding the amount stipulated to be paid to them by the United States: Provided, That any of the persons entitled to preemption, who shall be desirous to avail themselves of such right, shall give notice to the said agent of such their intention before the cash value of the lots is ascertained; and, in the case of the lessees, shall, at or before the time of giving such notice, pay all arrears of rent, and surrender their leases; and shall, immediately after the said cash value is ascertained, be entitled to a patent for the lot or land to which they are entitled, as aforesaid, on paying the amount of such cash value; or, in the case of the society, on their executing and delivering to said agent a |