Page:United States Statutes at Large Volume 2.djvu/461

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NINTH CONGRESS. Sess. II. Ch. 21. 1807. 425 of the Virginia line on continental establishment, their heirs or assigns, Arurther time entitled to bounty lands within the trnct reserved by Virginia, between ¤U°W<>d,*`<>* the little Miami and Scioto rivers, for satisfying the legal bounties to :;g'f;§f'"g l°' her ofiiecrs and soldiers upon continental establishment, shall be allowed a further time of three years, from the twenty-third of March next, to ’ complete their locations,und ufurther time of five years from the said twenty-third of March next, to return their surveys and warrants, or certified copies of warrants, to the office of the Secretary of the War department, any thing in the act intituled “An act to ascertain the boundary 1804, ch. 33. of the lands reserved by the state of Virginia, northwest of the river Ohio, for the satisfaction of her officers and soldiers on continental establishment, and to limit the period for locating the said lands," to the contrary notwithstanding: Provided, that no locations, as aforesaid, P'°"i'°· within the above mentioned tract, shall, after the passing of this act, be made on tracts of land 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 section, shall be considered as null and void. Sec. 2. And be it further enacted, That the Secretary of the Tren- Secretary or sury be, and he is hereby authorized to obtain copies of all the locations *1*** T'°““"Y 3 end surveys, which have been, or may be made within the above men- ::`§s°,;,%::;2d tnoned tract, and to cause to be run or surveyed, as many straight lines plattobe nude. across the same, as he may deem necessary, not exceeding three: and from these and such other documents as may be obtained, to cause to be made a general connected plat of all the lands located and surveyed within the same ; a copy of which shall be deposited in the war depart- 0¤pi¤¤ timement, and another copy shall be laid bethre Congress, together with an gfgpgsgi :*9 b° estimate of the surplus which may remain, after satisfying the bounties ° above mentioned. And the expenses incurred in surveying the lines, Expgngmhgw and obtaining the copies aforesaid, and in preparing the general plat d¤*`f¤y¤d· above mentioned, shall be deiiayed out of the monies appropriated for completing the surveys of the public lands northwest of the river Ohio. See. 3. And be it further enacted, That eighteen quarter townships A gyr¢i¤¤_ qi' and three sections, to be selected hy the Secretary of the Treasury, by g‘5imyV‘;§;2:f lot, in that tract of land in the state of Ohio, lately purchased from the vationyf to be Indians, and lying between the tract commonly called the United States ****6 i¤ {M military tract, und the tract commonly called the Connecticut reserve, Qxwtherugmg be, and the same are hereby appropriated for the use of schools, in that schools. tract of land in the state aforesaid, commonly called " the Virginia military reservation," and be vested in the legislature of that state, in trust for the use aforesaid, and for no other usc, intent, or purpose whatever; which said eighteen quarter townships and three sections, are thus appropriated, and vested in lieu of the one thirty-sixth part of the tract aforesaid, called the “Virginia military reservation," which by a former Limitation. act had been appropriated and vested as aforesaid, for the use of schools within the same: Provided however, that no quaftéf townships, including the section number sixteen of such township, shall be selected as aforesaid for the purpose above mentioned. And provided/also, and it is hereby understood and declared, that the said eighteen quarter town-

those which were defective, and which might be avoided for irregularity. If' this effect be denied to the proviso it becomes itself s. nullity. Ibid. Lands surveyed are as completely withdravnm from the common mass, as lands patented. It cannot be said that the prohibition that " no location shall be made on tracts of land for which patents have pre. Viously been issued, or which had been previously surveyed,¤> was intended only for valid and regular surveys. They did not require legislative aid. The clause was introduced for the protection of defective entries and urveys, which might be made in quiet times. Ibid. _ _ Under the peculiar system of the Virginia land law, as it has been settled in Kentucky and the mihta? district in Ohio, by usages adapted to the circumstances of the country, many principles are estsbhshe , which are unknown to the common law. A long course of adjudication has fixed these principles; and they nre considered ns the settled rules by which these military titles nre to be governed. Galt v. alloway, 4 Peters, 343. Von. II.-54 2 is 2