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treasury be, and he is hereby authorised to return all duties 15th April, which have been assessed since the fifteenth day of April one 1826, on thousand eight hundred and twenty-six, on Prussian vessels, and scls, returned. their cargoes, beyond the amount which would have been payable on vessels of the United States, and their cargoes; and that the same allowances of drawback be made on merchandise exported in Prussian vessels as would be made on similar exportations in vessels of the United States.

force on cer

§ 4. And be it further enacted, That so much of this act as So much of relates to Prussian vessels, and their cargoes, shall continue and relates to be in force during the time that the equality for which it pro- Prussian vesvides shall, in all respects, be reciprocated in the ports of Prussia, sels, &c. to and her dominions; and if, at any time hereafter, the said equality continue in shall not be reciprocated in the ports of Prussia, and her domin- tain condiions, the President may, and he is hereby, authorised to issue his tions, &c. proclamation, declaring that fact, and thereupon so much of this act as relates to Prussian vessels, and their cargoes, shall cease and determine. [Approved, 24 May, 1828.]

CHAP. 89. An act declaring the assent of Congress to an act of the

State of Alabama.

§ 1. Be it enacted, &c. That the assent of Congress be, and Assent of Congress hereby is, granted, to the operation of an act of the General given to act Assembly of the state of Alabama, passed on the tenth day of of Alabama of January, one thousand eight hundred and twenty-seven, entitled 10th January, "An act to incorporate the Cahawba Navigation Company."

[Approved, 24 May, 1828.]

1827.

CHAP. 92. An act to continue in force, for a limited time, and to amend an act, entitled "An act to enable claimants to lands within Act of 1824, the limits of the State of Missouri and Territory of Arkansas, to ch. 173, vol. 3, institute proceedings to try the validity of their claims."

continued in

p. 1959. §1. Be it enacted, &c. That the act approved the twenty-sixth Act of 26th of May, eighteen hundred and twenty-four, entitled, "An act to May, 1824, enable claimants to lands within the limits of the state of Missouri force. and territory of Arkansas, to institute proceedings to try the validity of their claims," shall be, and the same hereby is, continued in force: that is to say, for the purpose of filing petitions in the manner prescribed by that act, to and until the twenty-sixth day of May, in the year one thousand eight hundred twenty-nine, and for the purpose of enabling the claimants to obtain a final decision on the validity of their claims in the courts of Missouri and Arkansas, respectively; the said claims having been exhibited within the time above specified; the said act shall be continued in force to, and until, the twenty-sixth day of May, in the year one thousand eight hundred and thirty, and no longer; and the courts having cognizance of said claims shall decide upon and confirm such as would have been confirmed under the laws, usages, and customs of the Spanish government, for two years, from and after the twenty-sixth day of May, one thousand eight hundred and twenty-eight, and all claims authorised by that act, to be heard and decided, shall be ratified and confimed to the same extent

Costs to abide the decision.

that the same would be valid if the country in which they lie had remained under the dominion of the sovereignty in which said claims originated.

§ 2. And be it further enacted, That so much of the said act as subjects the claimants to the payment of costs in any case where the decision may be in favor of their claims, be, and the same is hereby repealed, and the costs shall abide the decision of the cause as in ordinary causes before the said court; and so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. And the confirmations had by virtue of Confin said act, and the patents issued thereon, shall operate only as quishment of relinquishment of title on the part of the United States, and shall, in no wise affect the right or title, either in law or equity, of part of the U. adverse claimants of the same land.

Confirma

a relin

title on the

S. only.

Claim rejected, claimant

to have preemption.

Indiana may

lands.

§ 3. And be it further enacted, That where any claim, founded on concession, warrant, or order of survey, shall be adjudged against and rejected, the claimant or his legal representatives, by descent or purchase, being actual inhabitants and cultivators of the soil, the claim to which shall have been rejected, shall have the right of pre-emption, at the minimum price of the public lands, so soon as the land shall be surveyed and subdivided by the United States, of the quarter section on which the improvement shall be situate, and so much of every other quarter section which contains any part of the improvement, as shall be within the limits of the rejected claim. [Approved, 24 May, 1828.]

CHAP. 93. An Act to authorise the Legislature of the State of Indiana to sell the lands heretofore appropriated for the use of schools in that State.

Legislature of § 1. Be it enacted, &c. That the legislature of the state of the state of Indiana shall be, and is hereby, authorised to sell and convey, in sell the school fee simple, all, or any part, of the lands heretofore reserved and appropriated by Congress for the use of schools within said state, and to invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be for ever applied, under the direction of said legislature, for the use and support of schools, within the several townships and districts of country for which they were originally reserved and set apart, and for no other use or purpose whatsoever: Provided, Said land, or any part thereof, shall, in no case, be sold without the consent of the inhabitants of such township, or district, to be obtained in such manner as the 2d Proviso. legislature of said state shall, by law, direct: And provided also, That in the apportionment of the proceeds of said fund, each township and district aforesaid shall be entitled to such part thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the school lands belonging to such township or district.

Proviso.

Where pro

§ 2. And be further enacted, That, if the proceeds accruing to ceeds are in- any township or district, from said fund, shall be insufficient for sufficient for the support of schools therein, it shall be lawful for said legislature to invest the same, as is hereinbefore directed, until the

the support of schools in any

whole proceeds of the fund belonging to such township or district township, leshall be adequate to the permanent maintenance and support of gislature to schools within the same.-[Approved 24th May, 1828.]

*

invest the

same.

Western dis

CHAP. 94. An Act to confirm claims to lands in the District between Rio Hondo and Sabine Rivers, founded on habitation and cultivation. § 1. Be it enacted, &c. That the claims to lands founded on Claims to lands reporthabitation and cultivation, reported for confirmation by the ed by the register and receiver of the Southwestern district of Louisiana, in register, &c. their report, dated November first eighteen hundred and twenty- of South four, in conformity to the provisions of the act of Congress, of the trict of Louisithird of March, eighteen hundred and twenty-three, and twenty- ana, confirmsixth of May, eighteen hundred and twenty-four,† contained in the ed, except, third class of the report of said register and receiver, be, and the &c. same are hereby, confirmed, except claim number forty-two, c. 158, vol. 3, *Act of 1823, near Cantonment Jesup, and the claims of Leonard Dyson, num- p. 1909. bers fourteen and eighteen; Samuel Norris, numbers ten and Aet of 1824, thirteen; Baptiste Poiret, brother and sister, number nineteen; c. 182, vol. 3, Babtiste Poiret, senior, number twenty; Henry Stockman, p. 1971. number thirty-one; Peter Stockman number -; Moses Robinson, number twenty-one; James Pharis, number twentyfour; Cesaré Wallace, number thirty-four and fifty-six; John Montgomery, junior, number sixty-nine and Edmund Trickel, number two hundred and thirty nine; which claims are suspended until it is ascertained whether they are situated within the limits of the lands claimed by the Caddoe Indians.

§ 2. And be it further enacted, That the confirmations made Confirmations by this act shall not be construed to extend further than to a only a relinquishment of relinquishment of title on the part of the United States, and the title of the U. claims hereby confirmed shall be located under the direction of s. the register and receiver of the proper land office, in conformity with the legal subdivisions of the public surveys, so far as practicable, and shall include the improvements of the claimants respectively.-[Approved 24 May, 1828.]

CHAP. 95. An Act supplementary to the several acts providing for the adjustment of Land Claims in the state of Mississippi.

lands in the

Court House allowed until

§ 1. Be it enacted, &c. That the claimants of lands within Claimants of that part of the limits of the land district of Jackson Court House, and in the in the state of Mississippi, lying below the thirty-first degree of land district north latitude, whose claims have been presented to the commis- of Jackson sioners appointed to receive and examine claims and titles to lands in said district of Jackson Court House, or to the register and 1st January, receiver at the land office at Jackson Court House, acting as 1829 to precommissioners under the provisions of the act of the third of sent their March, one thousand eight hundred and nineteen, entitled “An Act of 1819, act for adjusting the claims to lands, and establishing land offices c. 223, vol. 3, in the district east of the Island of New Orleans," and which have p. 1748. not been reported to Congress, or whose claims have not been heretofore presented to said commissioners, or to the register and receiver acting as commissioners, or whose claims have been acted upon, but additional evidence adduced, be allowed until

titles, &c.

Act of 1822,

c. 128, vol. 3, p. 1867.

Where regis

er and receive

er to hold their sessions.

Provisions of act of 3d March, 1819, to extend to cases where patents have issued or shall hereafter issue.

the first day of January, one thousand eight hundred aad twentynine, to present their titles and claims, and the evidence in support of the same, to the register and receiver of the land office at Jackson Court House, in the state of Mississippi, whose powers and duties in relation to the same, shall, in all respects be governed by the provisions of the acts before recited, and of the act of the eighth of May, eighteen hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting the claims to land, and establishing land offices in the district east of the Island of New Orleans."

§ 2. And be it further enacted, That the said register and receiver shall have power to receive and examine such titles and claims, and for that purpose shall hold their sessions at Jackson Court House, and the town of Shieldsborough. They shall give immediate notice after the passage of this act of the time and place of their meeting, but may adjourn from time to time as may best suit the convenience of claimants, upon giving due notice thereof. And the said register and receiver shall have power to appoint a clerk, who shall be a person capable of translating the French and Spanish languages, and who shall perform the duty of translator and such other duty as may be required by the said register and receiver; and the said register and receiver shall each be allowed, as a compensation for their services in relation to said claims, and, for the services to be performed under the provisions of the several acts to which this is a supplement, the sum of eight hundred dollars each, and the clerk the sum of eight hundred dollars; which several sums of money shall be paid out of any money in the treasury not otherwise appropriated: Provided, That the payment of the whole of the aforesaid compensation shall be withheld by the secretary of the treasury, until a report, approved by him shall be made to him by said register and receiver, of the performance of the services herein required.-[Approved 24 May, 1828.]

CHAP. 98.

An Act supplementary to an act, entitled "An Act providing for the correction of errors in making entries of land at the Land Offices," passed March third, eighteen hundred and nineteen.

§ 1. Be it enacted, &c. That the provisions of the act, entitled "An act providing for the correction of errors in making entries of lands at the Land Offices," approved March third, one thousand eight hundred and nineteen, are hereby declared to extend to cases where patents have issued, or shall hereafter issue: upon condition that the party concerned shall surrender his or her patent, to the commissioners of the general land office, with a 221, vol. 3. relinquishment of title thereon, executed in a form to be prescribed by the secretary of the treasury.-[Approved 24 May 1828.]

Act of 1819,

p. 1747.

$3 a day to be paid to each

member of the legislature

CHAP. 102. An Act allowing compensation to the Members of the Legislature of the Territory of Arkansas, and for other purposes.

§1. Be it enacted, &c. That there shall be paid to each member of the two branches of the legislature of the territory of Arkansas three dollars a day for each day he shall actually attend

sas for at

the session thereof; and also, three dollars for every twenty-five of the territomiles travel, in going to and returning from each session; to be ry of Arkancomputed by the actual distance from the place where such tendance. member resides to the place where the session of the legislature shall be held, which said distance shall be distinctly certified by the governor of said territory: Provided, however, That no Proviso. member shall be entitled to, or shall receive compensation, for daily attendance, for more than thirty days in every two years; or for going to or returning from said legislature more than once in said two years.

§ 2. And be it further enacted, That there shall be paid once $720 to be in two years, seven hundred and twenty dollars, to the governor paid the Goof said territory, to be applied after defraying the incidental vernor biennially for cerexpenses of the legislature, in such manner as the said legislature tain purposes. shall direct.

District

§3. And be it further enacted, That there be, and is hereby, $480 approappropriated out of any moneys not otherwise appropriated, the priated to the sum of four hundred and eighty dollars, to the District Judge of Judge of the the state of Missouri, and to each of the judges of the Superior State of MisCourt of the territory of Arkansas, for their extra services as souri, &c. land commissioners, from the twenty-sixth day of May, eighteen hundred and twenty-eight, to the thirty-first day of December

next.

§ 4. And be it further enacted, That for the contingent expen- $15,000 apses of the Senate, for the year eighteen hundred and twenty-eight, propriated for in addition to the sum heretofore appropriated, the sum of fifteen contingent thousand dollars be, and the same hereby is, appropriated, to be paid the Senate for out of any unappropriated money in the treasury.-[Approved, 24 1828. May, 1828.]

CHAP. 103. An act to provide for opening and making a Military Road

in the State of Maine.

expenses of

President to

§ 1. Be it enacted, &c. That the President of the United cause a mili. States be, and he is hereby authorised to cause a military road tary road to be opened. to be opened and made, in the state of Maine, from the mouth of the river Mattanawcook, where it enters into the Penobscot river, to Mars Hill, near the north-eastern boundary line of the state of Maine.

Troops of the

into effect the this act.

provisions of

§ 2. And be it further enacted, That the president be, and he U. S. to carry is hereby, authorised to employ such part of the troops of the United States as he may think proper, to survey and construct said road; and, for the purpose of carrying into effect the provisions of this act, the sum of fifteen thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated--[Approved, 24 May, 1828.]

CHAP. 105. An act to repeal a part of the act, entitled " An Act supplementary to, and to amend an act, entitled An Act to regulate the collection of duties on imports and tonnage,'" passed the second of March, one thousand seven hundred and ninety-nine, and for other purposes.

§ 1. Be it enacted, &c. That the thirty-seventh section of the 37th section

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