2 March 1821. Lands forfeited te be sold. Ibid. 10. 23 May 1828 1. 4 Stat. 286. Certificates for money paid, may credited in pay ment for other lands. shall be deemed and held to be forfeited, and, with all other lands which may become forfeited under this act, shall be sold according to the provisions of the act entitled “An act making further provision for the sale of the public lands," passed the 24th day of April 1820. 159. No land which shall be surrendered under the provisions of this act, shall be offered for sale for the term of two years after the surrender thereof. (a) 160. In all cases where public lands have been purchased, on which a further credit has not been taken under the provisions of the act of the 2d of March 1821, and have reverted, or are liable to revert to the United States, for failure to pay the purchasebe issued in cer- money, or have been sold by the United States by reason of such failure to pay, and in tain cases, to be all cases where one-twentieth of the purchase-money shall have been deposited and forfeited to the United States, it shall be the duty of the register of the land office, where the purchase or deposit was made, to issue, upon application, to the person or persons legally entitled to the benefit of the payments made previous to such reversion or sale, his, her or their legal representatives or assigns, a certificate for the amount so paid, and not refunded; which shall be received and credited as cash in payment of any public land that has been heretofore, or may hereafter be, sold by the United States, in the state or territory in which such original purchase or deposit was made.(b) Ibid. 2. Form of certifi 161. It shall be the duty of the commissioner of the general land office to prescribe the form of such certificates, which shall, in every case, specify the tract or tracts of land so reverted or sold, the amount paid, date of payments and by whom made; and it Duty and fees of shall be the duty of the register issuing such certificates, to keep a record of the same, registers. cates. Ibid 23. When such vertificates to be credited. Ibid. 24. Certificates for lands sold at New York and Pittsburgh. Ibid. 25. To whom such certificates may be issued. Ibid. 26. Payments in certificates to be and to forward to the general land office, at the close of each month, an abstract of the certificates issued during the month; and for each certificate, the officer issuing the same shall be entitled to receive, from the applicant, the sum of fifty cents. 162. The said certificates, when received in payment for lands, shall be entered in the books of the land office, where received, and transmitted with the accounts of the receiver of the public moneys, to the general land office, in such manner as the commissioner of said office shall prescribe; and if, upon comparison of the original with the returns from the office whence any certificate issued, it shall appear to the satisfaction of the said commissioner, that such certificate has been issued and duly paid, according to the true intent and meaning of this act, the same shall be passed to the credit of the person paying the same as so much cash. 163. For any moneys forfeited, on lands sold at New York or Pittsburgh, the certificate shall be issued by the secretary of the treasury; which certificate shall be received in payment for lands at any of the land offices of the United States, as the certificates issued in conformity to the foregoing provisions of this act are made receivable. 164. In no case shall a certificate be issued to any person, except to the person wh: originally forfeited the lands, or to his heir or heirs; nor shall a grant issue, or the lands purchased with any scrip be transferred, until six months after the certificate shall have been deposited in the office. 165. If any tract of land returned as sold to the general land office, shall have been paid for in forged or altered certificates, such sale shall be void, and the land subject to ferged or altered be sold again, at public or private sale, as the case may be; and in case any such forged or altered certificate shall be received upon any debt for land heretofore sold, or in part payment of any tract of land that may be hereafter sold, it shall be the duty of the com missioner of the general land office, by advertisement, or in such other manner as he shall direct, to give notice thereof to the person making such payment; and if, within six months after notice, such person shall not pay into the proper land office the amount so falsely paid, the tract of land upon which such payment was made, shall, with all money actually paid thereon, be forfeited to the United States. Ibid 27. When separate certificates to issue to joint purchasers. 9 July 1832 31. 4 Stat. 567. Certificates to issue to purchasers. 166. Where two or more persons have become purchasers of a section or fractional section, the register of the land office for the district in which the lands lie, shall on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them: Provided, That, in no case, shall the fractions so purchased be divided by other than north and south, or east and west lines; nor shall any certificate issue for less than eighty acres. 167. In all cases where public lands have been purchased, on which a further credi: has been taken under the provisions of the act of the 2d March 1821, or under any other act of congress granting relief to the purchasers of the public lands, and have reverted to the United States for failure to pay the purchase-money, or have been sold by the United States by reason of such failure to pay, it shall be the duty of the register of the assignee of certificate, until July 1831 4 Stat. 391. See also at 25 February 1831. Ibid. 446, (a) See act 31 March 1830, giving a right of pre-emption to the owners of relinquished land still in possession of the claimant or (b) Re-enacted, infra, 167. land office where the purchase was made, to issue upon application, to the person or per- 9 July 1532. sons legally entitled to the benefit of payments made previous to such reversion or sale, his, her or their legal representatives or assigns, a certificate for the amount so paid and not refunded, which shall be received and credited as cash in payment of any public lands that may hereafter be sold by the United States, in the state or territory in which such original purchase was made. Ibid. 22. Ibid. 23. ence between 168. It shall be the duty of the commissioner of the general land office and of the registers as aforesaid, to conform to, and be governed by, the provisions of the act afore- To be governed said, to which this is an amendment, passed the 23d day of May 1828 as aforesaid. by act of 1828. 169. Where the lands have been relinquished to the United States under the provisions of the act of 2d March 1821, as aforesaid, or other acts of congress, and the money paid Certificates to thereon has, in part, been applied in the payment of other lands, if the payment so issue for differ made on lands retained be less than the amount paid on the relinquished lands, when lands relinquish such excess exceeds the sum of ten dollars, it shall be the duty of the register of the ed and those reland office where the transfer of payment was made, to issue a certificate for such excess to the person or persons entitled thereto and in the manner pointed out in the first section of this act; which certificate shall be received in payment of the purchase of the public lands as pointed out in said section. tained. Ibid. 4. issued. 170. On proof being made, satisfactory to the secretary of the treasury, that any certificate issued under this act, or that has been, or may be, issued under the said act of when duplicate the 23d of May, Anno Domini 1828, has been lost or destroyed by accident, he is hereby certificates to be authorized to issue to the legal owner thereof, a duplicate of such original certificate, which shall be, in all respects, as available to the owner as the original certificate would have been. XI. INTRUSIONS ON THE PUBLIC LANDS. 2 Stat. 445. trusion on the forfeited. 171. If any person or persons shall, after the passing of this act, take possession of, 3 March 1807 L 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, (a) Penalty for inwhich lands shall not have been previously sold, ceded or leased by the United States, public lands. 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 claims to be 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 cause to be surveyed, or the boundaries thereof, he or they shall have designated, or cause to be designated, by marking trees, or otherwise. And it shall moreover be Intruders may be removed by mililawful for the president of the United States, to direct the marshal, or officer acting as tary force. marshal,(b) 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 (c) take possession of the same, or make, or attempt to make a settlement thereon, until thereunto authorized by law. (d) 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 Louisiana claims 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 entitled "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. not to be affected. Ibid. 22. at will. 172. 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, Settlers may re by any treaty made with a foreign nation, or by a cession from any state to the United main as tenants 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 recognised and confirmed by the United States; and who at the time of passing this act does or do actually inhabit and Application to la reside cu 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 (a) The president has authority summarily to remove intruders from lauds held by the government for the site of a lighthouse, or for any other competent purpose. 7 Opin. 534. See 5 Ibid. 699. (b) See 1 Opin. 475. 2 Ibid. 575. (e) Intruders, without title, subsequent to this act, may be per land office. removed without the three months' notice required by the 4th prescribed. 3 March 1807. 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 Conditions to be shall thereupon be lawful for such register or recorder respectively to permit, in conform ty 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 applicant or applicants to remain on such tract or tracts of land, not exceeding three 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 Declaration to be the case may be: (a) Provided however, That such permission shall not be granted to any signed. 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 perLead mines and son or persons: And provided also, That in all cases where the tract of land applied for salt springs may includes either a lead mine or salt spring, no permission to work the same shall be be leased. Ibid. 3. 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.(b) 173. All the applications made and provisions [permissions] granted by virtue of the Entry of applica- last 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. tions. Ibid. 24. Marshals to oust intruders. settlers. Penalty for remaining after notice. 174. 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 perNotice to prior mission 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 aforesaid, shall moreover incur a penalty of one hundred dollars, to be reco‐ vered in any court having jurisdiction of the same, and be moreover liable, on convietion, 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 recognised 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 persons 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. Evidence. 2 March 1833 4 Stat. 665. 1. 175. All offences prescribed in the act entitled "An act to prevent settlements being made on lands ceded to the United States until authorized by law," approved the 3d of Where offences March 1807, when committed upon public lands not situated within any state or organto be cognisable. ized territorial government, shall be cognisable in the district court of the United States held in the state nearest where the said offence may have been committed; and the offenders, upon conviction, shall be punished accordingly. And the said court shall also have jurisdiction to hear and determine all suits or prosecutions, instituted for the recovery of all fines and penalties imposed by the said act. Ibid. 2. 176. It shall be lawful for the president of the United States to direct the Indian Indian agents to agents at Prairie du Chien and Rock Island, or either of them, when offences against remove intruders the said act shall be committed on lands recently acquired by treaty from the Sac and ed from the Sacs Fox Indians, to execute and perform all the duties required by the said act to be per formed by the marshals, in such mode as to give full effect to the said act, in and over the lands acquired as aforesaid. on lands acquir and Foxes. (a) See act 19 January 1808, (infra, 389), as to the pre-emption rights of such intruders. (b) The president has unrestricted power to lease the lead mines, on such conditions as he may think proper. for any term not exceeding three years, provided the leases be not inconsistent with existing laws. 1 Opin. 593. 3 Ibid. 278. 4 Ibid. 93, 485. The power to lease the mines necessarily includes the power to collect rents, and to take all proper measures to effect that object Licenses to smelt are subordinate and auxiliary to the miners' leases and a means of collecting the rents reserved in them. 2 Ibid. 708. The president has no power to lease mineral lands which contain mines of copper or silver as the predominating mineral. 4 lbid 180. XII. SALE OF MILITARY SITES. 3 Stat. 520. When useless military sites 177 That the secretary of war be, and he is hereby authorized, under the direction 2 March 1819 & 1 of the president of the United States, to cause to be sold such military sites, belonging to the United States, (a) as may have been found or become useless for military purposes. And the secretary of war is hereby authorized, on the payment of the consideration may be sold. agreed for, into the treasury of the United States, to make, execute and deliver all need- Secretary to exeful instruments, conveying and transferring the same in fee; (b) and the jurisdiction, which had been specially ceded for military purposes to the United States, by a state, over such site or sites, shall thereafter cease. (c) XIII. SCHOOL LANDS. cute conveyances. 4 Stat. 179. served for the use none is appro priated. 178. To make provision for the support of schools, in all townships or fractional town- 20 May 1826 3 1. ships for which no land has been heretofore appropriated for that use in those states in which section number sixteen, or other land equivalent thereto, is by law directed to be Lands to be rereserved for the support of schools in each township, there shall be reserved and appro- of schools, where priated for the use of schools in each entire township, or fractional township, for which no land has been heretofore appropriated or granted for that purpose, the following quantities of land, to wit: for each township, or fractional township containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township containing a greater quantity of land than one-half, and not more than threequarters of a township, three-quarters of a section; for a fractional township containing a greater quantity of land than one-quarter, and not more than one-half of a township, one half-section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one quarter-section of land. Ibid. 22. 179. The aforesaid tracts of land shall be selected by the secretary of the treasury, out of any unappropriated public land within the land district where the township for To be selected by which any tract is selected may be situated; and when so selected, shall be held by the the secretary same tenure and upon the same terms, for the support of schools in such township, as section number sixteen is, or may be held in the state where such township shall be situated. Ibid. 23. 180. There shall be selected in the manner above mentioned, one section and one quarter-section of land, for the support of schools within that tract of country, usually Section in the called the French grant, in the county of Sciota, and state of Ohio. XIV. LANDS CEDED TO THE UNITED STATES. French grant, in 1 Stat. 426. be 181. Where cessions have been or hereafter may be made by any state, of the juris- 2 March 1795 2 1. diction of places where lighthouses, beacons, buoys or public piers have been erected and fixed, or may by law, be provided to be erected and fixed, with reservation that pro- Cessions may cess, civil and criminal, issuing under the authority of such state, may be executed and reservations for served therein such cessions shall be deemed sufficient, under the laws of the United execution of state States providing for the supporting or erecting of lighthouses, beacons, buoys and public piers. process. Ibid. ¿ 2. 182. Where any state hath made or shall make a cession of jurisdiction, for the purposes aforesaid, without reservation, all process, civil and criminal, issuing under the Such process may authority of such state or the United States, may be served and executed within the be served, with places, the jurisdiction of which has been so ceded, in the same manner as if no such cession had been made. out reservation. 183. In all cases where lands have been, or shall hereafter be conveyed to or for the 28 April 1828 L United States, for forts, arsenals, dockyards, lighthouses or any like purpose, or in pay 4 Stat. 264. to the govern ment of debts due the United States, which shall not be used, or necessary for the pur- Lands conveyed poses for which they were purchased, or other authorized purpose, it shall be lawful for ment may be the president of the United States to cause the same to be sold for the best price to be sold, in certain obtained, and to convey the same to the purchaser by grant or otherwise. cases. Ibid. 2. Assent of the cured for convey 184. That the president of the United States be authorized to procure the assent of the legislature of any state, within which any purchase of land has been made for the erection of forts, magazines, arsenals, dock-yards and other needful buildings, without states to be prosuch consent having been obtained; and also to obtain exclusive legislation over any ances to the such tract as is provided for in the sixteenth clause of the eighth section of the first government. article of the constitution; and that he be authorized to procure the like consent and And grant of exclusive legislaexclusive legislation as to all future purchases of land for either of those purposes. tion. (a) This act extends only to such military sites as belonged to the United States at the date of its passage. United States v. Railroad Bridge Co., 6 McLean, 517. And such sites may be sold whether situated in a state or territory. 3 Opin. 108. Under its provisions the secretary had power to sell a part of the land ineluded in the site of the armory at Harper's Ferry. 5 Ibid. 549. But see act 3 March 1857 4, extending its provisions to all mili tary sites, or to such parts thereof, which are or may become useless for military purposes. 11 Stat. 203. (b) See Mitchel v. United States, 9 Pet. 761-2, for the rule as to the extent of territory which may be conveyed. 3 Opin. 108. (c) See United States v. Chicago, How. 185. And see act 28 April 1828, infra, 183. 28 April 1828 23. 185. That the president of the United States, in all cases where lands have been conReleases to be ob- Veyed for the United States to individuals or officers, be authorized to obtain from the person or persons to whom the conveyance has been made, a release of their interest to the United States. tained for lands conveyed in trust. 4 Sept. 1841 21. 5 Stat. 453. Ten per cent of the proceeds of to be paid over the public lands to certain states. Ibid. 2. Residue to be divided among all the states. to be ascertained. XV. PROCEEDS OF THE PUBLIC LANDS. 186. That from and after the 31st day of December in the year of our Lord 1841, there be allowed and paid to each of the states of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Louisiana, Arkansas and Michigan, over and above what each of the said states is entitled to by the terms of the compacts entered into between them and the United States, upon their admission into the Union, the sum of ten per centum upon the net proceeds of the sales of the public lands, which, subsequent to the day aforesaid, shall be made within the limits of each of said states respectively: Provided, That the sum so allowed to the said states, respectively, shall be in no wise affected or diminished on account of any sums which have been heretofore, or shall be hereafter, applied to the construction or continuance of the Cumberland Road, but that the disbursements for the said road shall remain, as heretofore, chargeable on the two per centum fund provided for by compacts with several of the said states. 187. After deducting the said ten per centum, and what, by the compacts aforesaid, has heretofore been allowed to the states aforesaid, the residue of the net proceeds, (which net proceeds shall be ascertained by deducting from the gross proceeds all the expenditures of the year for the following objects-salaries and expenses on account of the general land office; expenses for surveying public lands; salaries and expenses in the How net proceeds surveyor-general's office; salaries, commissions and allowances to the registers and receivers; the five per centum to new states, of all the public lands of the United States, wherever situated, which shall be sold subsequent to the said 31st day of December) shall be divided among the twenty-six states of the Union, and the District of Columbia, and the territories of Wisconsin, Iowa and Florida, according to their respective federal representative population as ascertained by the last census; to be applied by the legisla tures of the said states to such purposes as the said legislatures may direct: Provided, That the distributive share to which the District of Columbia shall be entitled, shall be applied to free schools, or education in some other form, as congress may direct: And Power of congress provided also, That nothing herein contained shall be construed to the prejudice of future lands not to be applications for a reduction of the price of the public lands, or to the prejudice of applications for a transfer of the public lands, on reasonable terms, to the states within which they lie, or to make such future disposition of the publie lands, or any part thereof, as congress may deem expedient. Application of such moneys. over the public affected. Ibid. 23. How proceeds to be paid over. Ibid. 4. be deducted. 188. The several sums of money received in the treasury as the net proceeds of the sales of the public lands shall be paid at the treasury half-yearly on the 1st day of January and July in each year, during the operation of this act, to such person or persons as the respective legislatures of the said states and territories, or the governors thereof, in case the legislatures shall have made no such appointment, shall authorize and direct to receive the same. 189. Any sum of money, which at any time may become due and payable to any state Debts due to the of the Union, or to the District of Columbia, by virtue of this act, as the portion of the United States to said state or district, of the proceeds of the sales of the public lands, shall be first applied to the payment of any debt due and payable from the said state or district to the United Except sums de- States: Provided, That this shall not be construed to extend to the sums deposited with the states under the act of congress of 23d June 1836, entitled "An act to regulate the deposites of the public money;" nor to any sums apparently due to the United States as balances of debts growing out of the transactions of the revolutionary war. posited. 190. This act shall continue and be in force until otherwise provided by law, unless the United States shall become involved in war with any foreign power, in which event, from the commencement of hostilities, this act shall be suspended during the continuance of such war: Provided nevertheless, That if, prior to the expiration of this act, any new state or states shall be admitted into the Union, there be assigned to such new state or states the proportion of the proceeds accruing after their admission into the Union, to which such state or states may be entitled, upon the principles of this act, together with what such state or states may be entitled to by virtue of compacts to be made on their admission into the Union. 191. There shall be annually appropriated for completing the surveys of said lands, a sum not less than one hundred and fifty thousand dollars; and the minimum price at which the public lands are now sold at private sale shall not be increased, unless congress shall think proper to grant alternate sections along the line of any canal or other internal improvement, and at the same time to increase the minimum price of the sections reserved; and in case the same shall be increased by law, except as aforesaid, at |