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TWENTY-THIRD CONGRESS. Sess. I. Ch. 76. 1834.

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Vaughan and John Wooddy, commissioners of said county, in trust forthe use of said county; and that the Secretary of the Treasury be au-thorized to issue a patent for the same; and that the said commissionersshall have power to lay off the said land into town lots, and sell and dis-Appropriation pose of the same, and make good and sufficient titles to purchasers; anderection* 56 ^of *a ^ ie y appropriate the proceeds of the sales of the said lots to the erec-courthouse and tlon °f a courthouse and jail in the town of Fayetteville, for the use ofjail. said county.

Approved, June 26, 1834.

Statute I.

June 26, 1834.

Four new landdistricts cre-ated.

President todesignate placelor office.

Chap. LXXVI .—An Act to create additional land districts in the states of Illinois

4 and Missouri , and in the territory north of the state of Illinois . (a)

Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That all that tract of countrylying north of the dividing line between township number twelve andthirteen, north of the base line running through the military bountylands, and that tract of country lying north of the dividing line betweentownships number thirty and thirty-one, north of the old base line in-cluded in the state of Illinois , and all that tract of country lying northof the state of Illinois, west of Lake Michigan , and south and south-eastof the Wisconsin and Fox rivers of Green Bay , in the present territory ofMichigan , be laid off into four new land districts, to be divided and de-signated as follows, to wit: That tract lying within the state of Illinois ,as above described, shall be divided by a north and south line, drawn be-tween the range of townships number three and four, east of the thirdprincipal meridian, and that on the west side of said line shall be calledthe north-west, and that on the east, the north-east land district of thestate of Illinois; and all that tract north of the state of Illinois, west ofLake Michigan, south and south-east of the Wisconsin and Fox rivers,included in the present territory of Michigan , shall be divided by a northand south line, drawn from the northern boundary of Illinois , along therange of township line next west of fort Winnebago, to the Wisconsin river, and be called, the one on the west side, the Wisconsin , and that onthe east side, the Green Bay land districts of the territory of Michigan ;which two districts shall embrace the country north of said rivers, whenthe Indian title shall become extinguished, and the Green Bay districtmay be divided so as to form two districts, when the President shall deemit proper.

Sec 2. And be it further enacted , That there shall be established ineach of the said land districts, one land office, at such time and place as

(a) The act of Congress, entitled “An act to create additional land districts in the states of Illinois andMissouri,” approved June 26, 1834, ch. 76, does not require the President of the United States to causeto be offered for sale the public lands containing lead mines, situated in the land districts created bythat act. The United States v. Gear, 3 Howard, 120.

The actdoes notrequire the President to cause the land containing lead mines to be sold, as the fifth sec-tion of the act of March 3, 1807, entitled “An act making provision for the disposal of the public lands,situated between the United States’ tract and the Connecticut reserve, and for other purposes,” is in fullforce. Ibid.

The lands containing lead mines, in the Indiana territory, or that part of it made into the new landdistricts, by the act of June 26th, 1834, are not subject to a pre-emption by settlers upon the public lands,under any of the pre-emption laws which have been passed by Congress . Ibid.

The fourth section of the act of 1834 does in no way repeal any part of the fifth section of the actof March 3, 1807, ch. 49, by which the lands containing lead mines were reserved for the future dis-posal of the United States , in which section it is declared that grants for lead mine tracts, discovered tobe such before they may be bought from the United States , are declared to be fraudulent and null; andwhich authorized the President to lease any lead mine which had been, or might be discovered in theIndiana territory, for a term not exceeding five years. Ibid.

The land containing lead mines, in the districts made by the act of 1S34, are not subject to pre-emp-tion and sale under any of the existing acts of Congress . Ibid.

Digging lead ore from the lead mines upon the public land of the United States , is such a waste asentitles the United States to a writ of injunction to restrain it. Ibid.

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