United States Statutes at Large/Volume 1/5th Congress/3rd Session/Chapter 34
Chap. XXXIV.—An Act to authorize the sale of certain lands between the Great and Little Miami rivers in the territory of the United States northwest of the Ohio; and for giving a pre-emption to certain purchasers and settlers.
Act of March 3, 1801, ch. 19.
Contractors with John C. Symmes to have a right of pre-emption, on making certain payments.
Ante, p. 266.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person or persons, who before the first day of April, in the year one thousand seven hundred and ninety-seven, had made any contract or contracts, in writing, with John Cleves Symmes, for the purchase of lands between the Great and Little Miami rivers, which are not comprehended in his patent, dated the thirtieth day of September, one thousand seven hundred and ninety-four, shall be entitled to a preference, in purchasing of the United States, all the lands so contracted for, at the price of two dollars an acre, to be paid to the treasurer of the United States, as follows: one third part of the purchase money, on or before the first day of September next; one other third part in one year from the said first day of September; and the remaining third part in two years from the said first day of September; which two last payments shall be secured in the manner pointed out and directed by the act, intituled1796, ch. 29. “An act for providing for the sale of the lands of the United States in the territory northwest of the river Ohio, and above the mouth of Kentucky river.” And that upon each payment, the same evidences of purchase and title shall be given to the purchasers, respectively, as to purchasers under the said recited act.
Notice to be given by purchasers.Sec. 2. And be it further enacted, That each and every person claiming the benefit of this act, shall, on or before the first day of September next, give notice, in writing, to the Secretary of the Treasury, or to the Surveyor General, that they claim the right of pre-emption, by this act offered, and do assent to the terms of sale established by this act. And if any person shall neglect to give the said notice,Right of pre-emption may be lost, &c. or shall fail in making the first payment, as before directed, all right of pre-emption shall cease, and become void; and the lands shall be surveyed and sold agreeably to the directions of the before recited act.
The lands to be surveyed.Sec. 3. And be it further enacted, That the Surveyor General shall, as soon as may be, after the receipt of the notice aforesaid, lay off and survey the said lands, agreeably to the directions of the said recited act, unless the said lands have been heretofore surveyed and laid off by the said contractors or settlers; in which case, the Surveyor General shall survey the outlines of such tract or tracts, so as to ascertain the contents, and shall cause the same to be recorded and deposited, as in and by the said recited act is directed for the plats and surveys made under that act.
Purchasers may be credited with the expense of surveying.Sec. 4. And be it further enacted, That it may be lawful for the Secretary of the Treasury to credit the said purchasers with such reasonable sum or sums of money as have been expended in surveying the said land; provided the same does not exceed the sums allowed by the United States to their own surveyors for the like services. Evidences of public debt may be received in payment.
Ante, p. 507.Sec. 5. And be it further enacted, That the evidences of the public debt of the United States shall be receivable in payment for the said lands, agreeably to the directions of an act, intituled “An act to authorize the receipt of evidences of the public debt in payment for the lands of the United States.”
Approved, March 2, 1799.