United States Statutes at Large/Volume 3/17th Congress/2nd Session/Chapter 16

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United States Statutes at Large, Volume 3
United States Congress
2649065United States Statutes at Large, Volume 3 — Public Acts of the Seventeenth Congress, 2nd Session, Chapter 16United States Congress


Feb. 28, 1823.

Chap. XVI.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 lower rapids of the Miami of Lake Erie, to Connecticut western reserve.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of Ohio is hereby authorized to lay out, open, and construct, a road, from the lower rapids of the Miami of Lake Erie, to the western boundary of the Connecticut western reserve, in such manner as the legislature of said state may by law provide, with the approbation of the President of the United States; which road, when constructed, shall forever remain a public highway.

Land granted for the road, and expenses.Sec. 2. And be it further enacted, That, in order to enable the state of 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 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.