Page:Federal Reporter, 1st Series, Volume 8.djvu/398

 384 FEDERAL EBPORTER. �assessed, or accruing under the provisions of former acts, or drawbaeks, the right to which has already acerued or which may hereafter accrue under said acts, and for maintaining and continuing liens, fines, penalties, and forfeit- ures incurred under and by virtue thereof. And this act shall not be eon- strued to aflect any act done, right acerued, or penalty incurred under former acts, but every such right is hereby saved." ���FussELL V. Hughes and another.* �Same V. Grbqg. �(Ovreuit Cowt, N. D. Ohio, W. D. August, 1881.) �1. ViKoraiA MillTABY DisTKicT IN Ohio— ACT OP CouaBEBS Oi" Mahch 23, 1804 �— OONSTBUCTION OF— WHBII EnTKIBS, BUBTETS, AND RbTUENB RkQUIEBD TO BB MaDB. �By the act of congress of March 23, 1804, entitled "An act to ascertain the boundary of the lands reserved by the state of Virginia," etc., in Ohio, for the satisfaction of her offlcers and soldiers, and to limit the period for locating the same, a completed location whhin three years, and a survey and return thereof, with the original or certifled copy of the warrant on which they were founded, to the general land-offlce, within flve years from the passage of the act, were made conditions precedent, without compliance with which no one entitled to bounty land in that district could obtain a patent ; and by section 3 of that act all lands in the reserved territory not thus effectually appropriated within these prescrlbed times should thenceforth cease to constitute a nart of the reserved territory of the Virginia military district, should be released from all claimsfor such bounty lands by virtue of any location or survey not then completed and returned, and should become thereby the property of the United States, to be disposed of as part of its public lands, free from any trust in favor of the sol- diers of Virginia. �2. Bame — Same— Subsequent Statutbs— Extendinq Timb of Entbt, etc. — Act �op 1804 Revivbd and Contdiubd. �The subsequent statutes extending the period of time for making valid en- tries, surveys, and returns of surveys, so as to entitle the party to a patent, although the third section of the act of March 23, 1804, was not repeated therein, are to be taken as reviving the entire law, includmg the third section, as if the latter had been inoorporated with each new enaotment, so that the consequences of a failure to take the steps required to procure a patent within the periods from time to time liraited, prescribed in the third section, follow and apply to each successive extension of the time of grace. �3. Same. �Ail entries nnd surveys made prior to January 1, 1852, and of which no re- turn, with the original warrant or a certifled copy thereof, had then been made to the general land office, are vacated and made void, so that they cannot law- fully serve as the basis of patents ; the land covered by them lapsing into the general body of the public lands and no longer constituting any portion of the Virginia military reservation of bounty lands. �♦Beported by S. O. Harper, Esq., of the Cincinnati, bar. ��� �