with the state of Ohio, as a fund for the purpose of keeping said road in repair: Provided, That said road shall beProviso.
Proviso. 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.
Lands sold to be paid for at a minimum price.Sec. 3. And be it further enacted, That, in case any of the lands, through which it may be thought expedient to open said road, may 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 minimum price.
When the governor of Ohio shall produce a survey, and an act of the state shall accept the trust, the President shall stop the sale of land.Sec. 4. And be it further enacted, That, whenever the governor of the state of Ohio shall have laid before the President of the United States a survey of the location of said road, accompanied by an act of said state accepting said trust, and providing for making said road within the time above limited, and the President shall have approved the same, then the right of the state to said tract of land shall be considered as complete for the purposes aforesaid; and the President shall direct, that, until the first day of June, one thousand eight hundred and twenty-three, 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 western boundary of the Connecticut western reserve; Provided,Proviso. That nothing in this act contained, shall ever hereafter be construed to imply any obligation upon the United States to grant additional lands, or further aids of any sort, towards the opening, making, or keeping in repair, of the road aforesaid.
Approved, February 28, 1823.
Statute II.
Chap. XVII.—An Act appropriating moneys for the purpose of repairing the public road from Cumberland to Wheeling.[1]
Appropriation for Cumberland road.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of twenty-five thousand dollars, of moneys in the treasury not otherwise appropriated, be, and the same is hereby, appropriated for the purpose of repairing and improving the public road from Cumberland to Wheeling, under the direction of the President of the United States.
Superintendent to be appointed by the President.Sec. 2. And be it further enacted, That, for the faithful and speedy accomplishment of this object, the President, with the advice of the Senate, shall appoint some fit person as superintendent of the said road, whose duty it shall be, with all practicable despatch, to contract for, and personally superintend, the execution of the repairs and improvements which shall be deemed necessary on the said road, as well as to receive, disburse, and faithfully account with the treasury, for the sums of money which may be received by him in virtue of this act.
Superintendent to give bond.Sec. 3. And be it further enacted, That the superintendent, so to be appointed, shall, before he enters upon the discharge of the duties enjoined by this act, execute [a] bond to the United States, with security, to be approved of by the Secretary of the Treasury, conditioned for the faithful discharge of his duties, enjoined by this act; he shall hold his office during the pleasure of the President, and shall receive, as a compensation for his services, the sum of three dollars per day, during the time he may be employed in the discharge of the duties enjoined by this act.
Approved, February 28, 1823.- ↑ See notes to the acts which have passed relating to the Cumberland road vol. ii. 357.
