be received by the said surveyor appointed under this act; and conditioned also, that he will not surrender to any person or per- Condition. sons originals or copies of any of the records, books, warrants, plats and certificates of survey, assignments, or other papers, by him received of the personal representatives of said Richard C. Anderson, upon which fees are due, to the person or persons claiming interest in the same, or any other person whatever, until the fees due, or to become due to said Anderson, or his legal representatives, shall have been first paid to said surveyor; and upon the execution of said bond, the personal representatives of said Anderson are authorised and required to deliver the records, books, copies and papers, herein above specified, as is provided by this act. § 5. And be it further enacted, That it shall be the duty of the To give 60 surveyor for said Virginia military district before he shall receive days notice of day on which any location or entry of military warrants to be surveyed, to give he will begin at least sixty days notice in those newspapers in which the laws to receive loof the United States are published in Ohio, of the day on which cations, &c. he will begin to receive such locations or entries, the expenses of which notice shall be audited and paid by the treasury department of the United States. [Approved, 24 February, 1829.] CHAP. 189. An act making provision for the payment of pensions to the widow or children of pensioners in certain cases, and for other purposes. of deceased § 1. Be it enacted, &c. That in case of the death of any invalid Entitles repensioner, before the certificate of the continuance of his disa- presentatives bility, required by the act entitled "An act regulating the pay- invalid penments to invalid pensioners," passed March third, one thousand sioner to areight hundred and nineteen was obtained, it shall be lawful for rears of penthe secretary of war, and he is hereby directed, to pay to the sion. legal representatives of such deceased invalid, the arrears of pension due at the time of his death, at the rate at which it was fixed at his last examination: Provided, Such last examination was within two years from the time of his death. §2. And be it further enacted, That whenever any Revolution- Arrears due ary pensioner shall die, the secretary of war shall cause to be to deceased revolutionary paid the arrears of pension due to the said pensioner at the time pensioner, to of his death; and all payments under this act, shall be made to be paid to his the widow of the deceased pensioner or to her attorney, or if he widow, &c. widow, or she be dead, to the children of the pensioner or to their guardian or his attorney, and if no child or children, then to the legal representatives of the deceased. left no ceived in Re §3. And be it further enacted, That in all cases of applica- Testimony tions for pensions, for wounds received in the Revolutionary war, regarding the testimony to establish the faets may be authenticated in the wounds remanner with those who apply for pensions for wounds re- volutionary ceived in the late war with Great Britain. [Approved, 2 March, war. 1829.] same CHAP. 191. An act for the construction of the Cumberland road, westwardly of Zanesville. § 1. Be it enacted, &c. That the sum of one hundred thousand Opening and west of Zanesville. Appropria- making Cum- dollars, of any money not otherwise appropriated, be, and the same berland road is hereby appropriated for the purpose of opening and making the Cumberland road, westwardly from Zanesville, in the State of Ohio; which said sum of one hundred thousand dollars shall be replaced out of the fund reserved for laying out and making roads under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, Illinois and Missouri into the Union, on an equal footing with the original states. Appointment § 2. And be it further enacted, That for the immediate acof Superin- complishment of this object, the second and third sections of the act, entitled "An act for the continuation of the Cumberland Road," that passed the third of March, eighteen hundred and twenty-five, which authorise the appointment, prescribe the duties, and compen. and fix the compensation of a superintendent of said road, shall be in force, and apply to the construction of the road authorised by this act. [Approved, 2 March, 1829.] tendent. His duties sation. Cumberland be opened CHAP. 192. An act for the continuation of the Cumberland road. §1. Be it enacted, &c. That the road located through the state road through of Indiana, as declared by the act of Congress, entitled “An act Indiana, to to authorise the appointment of commissioners to lay out the road from Indiana. therein mentioned," approved fifteenth May, eighteen hundred napolis to the and twenty,* and the act entitled "An act for the continuation of east and west the Cumberland Road," approved third of March, eighteen hunboundary of dred and twenty-five, the President of the United States shall *Act of 1820, cause the said road to be opened eighty feet wide, by cutting off c. 123, vol. 3, the timber, removing it from the road, and digging down the banks, preparatory to making a turnpike road, commencing at Indianapolis, cutting and digging as aforesaid, to the eastern and western boundary of the said state. the state. p. 1801. Appropriation. To be replaced from road fund, &c. Two superin § 4. And be it further enacted, That the sum of fifty thousand dollars, of moneys not otherwise appropriated, be, and the same is hereby, appropriated, for the purpose of opening and making the road, as mentioned in the first section of this act; which said sum of fifty thousand dollars shall be replaced out of the fund reserved for laying out and making roads, under the direction of Congress, by the several acts passed for the admission of the states of Ohio, Indiana, Illinois, and Missouri, into the Union, on an equal footing with the original states. § 2. And be it further enacted, That for the accomplishment of tendents to be this object, the President shall appoint two fit persons, as the appointed. Duties. superintendents of said road, whose duty it shall be, under the direction of the President, to divide the same into sections, of not more than ten miles each; to contract for and personally superintend the opening and making the said road, as before-mentioned, as well as to receive, disburse, and faithfully account with To give bond. the treasury, for all sums of moneys by them received in virtue of this act that the superintendents, before they enter upon the discharge of the duties enjoined by this act, shall execute a bond to the United States, with security, to be approved of by the secretary of the treasury, conditioned for the faithful discharge of their duties, prescribed by this act; that they shall hold their office during the pleasure of the President, and shall receive at the rate of eight hundred dollars each, per annum, for their services Salary. CHAP. 200. An act to authorise the establishment of a town on land in Jackson town on §1. Be it enacted, &c. That it shall and may be lawful for the Certain voters qualified voters in township five, range eleven, north and west, in county, Florithe county of Jackson, in the territory of Florida, to elect, in da, to elect such manner as may be directed by the county Court of said commissioncounty, three fit and discreet commissioners, who shall be, and ers to lay off a they are hereby, authorised, by and with the consent of the voters school lands, of said township, to be obtained in such manner as the said &c. county Court shall direct, to lay off and establish a town on one quarter or two adjoining eighths of the sixteenth section of the township and range aforesaid, reserved by law for the use of schools, and to make sale of one-half the lots at public auction; To sell half and the money arising from said sales shall be paid into the the lots, &c. territorial treasury, for the sole use and benefit of common For benefit of schools in said township, which said sum shall be subject to such schools. laws as may hereafter be passed, for forming a permanent fund from the said reserved lands, for the support of common schools; and the said commissioners shall give bond and security to the Commissionsatisfaction of the county court, for the performance of the ers to give duties under this act, and the payment of the money arising from security. the sales of the lots as aforesaid. bond and § 2. And be it further enacted, That the following quarter sec- Certain retions of land which have been heretofore reserved from sale, to served lands wit: the north-east and north-west quarters of section thirty-six, Florida. granted to in township one, of range one, north and west: the north-east, south-west, and south-east quarters of section one, in township one, of range one, south and west; and the south-west quarter of section six, in township one, of range one, south and east, shall be granted to the territory of Florida. lect two §3. And be it further enacted, That the governor and legisla- Governor and tive council of Florida, or a majority of them, be, and hereby council to seare, authorised to select any two of the aforesaid quarter sections quarter secof land, to be reserved for, and vested in, the state, should the tions, &c. territory of Florida ever be erected into one, in conformity to the provisions of the fourteenth section of the act passed on the eighth of February, one thousand eight hundred and twentyseven; and the residue of the above described quarter sections Residue to be of land, or any part thereof, including so much of the north-east sold, &c. quarter of section one, in township one, of range one, south and *Act of 1827, west, contiguous to, the creek and waterfall, as shall not be c. 166, vol. 3, reserved, agreeably to the provisions of the act above-mentioned, p. 2043. for the town of Tallahassee, shall be sold in such manner and at such time, as the governor and legislative council of Florida may deem proper, and the proceeds applied to the erection of public plied to public buildings in Tallahassee; any act or acts to the contaary not- buildings in withstanding.-[Approved, 2 March, 1829.] Proceeds Tallahassee. Certain land claims in Alabama, confirmed. *Act of 1827, ch. 235, vol. 3, p. 2067. Others confirmed. Certain claims to be filed with register and CHAP. 201. An act confirming the reports of the Register and Receiver of the Land Office for the district of Saint Stephens, in the state of Alabama, and for other purposes. § 1. Be it enacted, &c. That all the claims to lands and town lots contained in the abstracts denominated A, number one, D, number one, E, number one, F, number one, reported to the Treasury Department by the register and receiver of the Land Office for the district of Saint Stephens, in the state of Alabama, under the provisions of the act of Congress of the third of March, one thousand eight hundred and twenty-seven,* be, and the same are hereby, confirmed to the extent therein recommended for confirmation. § 2. And be it further enacted, That all the claims contained in special reports, numbered one to four, inclusive, and in a supplementary report of the said register and receiver, made as aforesaid, be, and the same are hereby, confirmed. § 3. And be it further enacted, That every person or persons, or the legal representatives of such person or persons, who, on the fifteenth day of April, one thousand eight hundred and thirteen, receiver at St. had, for ten consecutive years prior to that day, been in possesStephens. sion of a tract of land, not claimed by any other person, and not exceeding the quantity contained in one league square; and who were, on that day, resident in that part of Louisiana situated east of Pearl river, and west of the Perdido, and below the thirty-first degree of North latitude, and had still possession of such tract of land, shall be authorised to file their claim in the manner required in other cases, before the said register and receiver, at Saint Register and Stephens, for their decision thereon. And it shall be the duty of the said register and receiver to hear and record the evidence offered to support such claim; and if the same shall be establishport of claims. ed by sufficient proof, agreeably to the provisions of this section, If evidence the said officers shall, in their report, recommend the confirmasufficient, tion of the right to such claim, as in other cases: Provided, That recommended no more land shall be reported for confirmation, by virtue of this for confirma- section, than is actually claimed by the party, or than is contain receiver to record evi dence in sup claims to be tion. Proviso. ed within the acknowledged and ascertained boundaries of the tract claimed; nor shall the provision of this section authorise the confirmation of any land heretofore sold by the United States. Operation of § 4. And be it further enacted, That the confirmation of all the confirmation, claims provided for by this act shall amount only to a relinquishment forever, on the part of the United States, of any claim whatever, to the tracts of land and town lots so confirmed, and that nothing herein contained shall be construed to affect the claim or claims of any individual or body politic or corporate, if any such there be. Register and receiver to direct mode of locating and surveying confirmed claims. § 5. And be it further enacted, That the register and receiver of the Land Office at Saint Stephens be, and they are hereby, invested with power to direct the manner in which all claims to lands and town lots, which have been confirmed by this and former acts of Congress, in their district, shall be located and surveyed, having regard to the laws, usages and customs of the Spanish government on that subject, and also the mode adopted by the government of the United States, in surveying the claims con firmed by virtue of the second and third sections of an act of Congress, entitled "An act regulating the grants of lands, and providing for the disposal of the lands of the United States, south of the state of Tennessee," approved the third of March, one thousand eight hundred and three;* and that so much of the *Act of 1803, fourth section of the "Act supplementary to the several acts for ch. 80, vol. 2, adjusting the claims to land and establishing land offices in the district east of the island of New Orleans," approved the eighth of May, one thousand eight hundred and twenty-two,† as inter- Act of 1822, feres with the power granted to the register and receiver of the ch. 128, vol. Land Office at Saint Stephens, be, and the same is hereby, repealed. p. 893. 3, p. 1867. § 6. And be it further enacted, That certificates of confirma- Certificates tion and patents shall be granted for all lands and town lots and patents to be granted. confirmed by virtue of the provisions of this act, in the same manner as patents are granted for lands and town lots confirmed under the former acts of Congress. §7. And be it further enacted, That the secretary of the trea- Compensasury be, and he is hereby, authorised and empowered to make tion to resuch compensation, not exceeding two hundred and fifty dollars, ceiver at St. Stephens, for in addition to the sum already paid, to the present receiver of the certain serLand Office at Saint Stephens, as to him may seem a just and vices. proper equivalent for the services rendered by him in the discharge of the duties under the provisions of an act of Congress passed on the third day of March, one thousand eight hundred and twenty-seven. [Approved, 2 March, 1829.] CHAP. 202. An act to provide for the apprehension and delivery of deserters from certain foreign vessels in the ports of the United States. or vice-consul § 1. Be it enacted, &c. That on application of a consul or On applicavice-consul of any foreign government, having a treaty with the tion of consul United States, stipulating for the restoration of seamen deserting, of nation entmade in writing, stating that the person therein named has deserted tled to the from a vessel of any such government while in any port of the privilege, United States, and on proof by the exhibition of the register of seamen deserting to be the vessel, ship's roll, or other official document, that the person arrested and named belonged, at the time of desertion, to the crew of said delivered up. vessel, it shall be the duty of any court, judge, justice, or other magistrate, having competent power, to issue warrants to cause the said person to be arrested for examination; and if, on examination, the facts stated are found to be true, the person arrested, not being a citizen of the United States, shall be delivered up to the said consul or vice-consul, to be sent back to the dominions of any such government, or, on the request, and at the expense, Or detained. of the said consul or vice-consul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government: Provided nevertheless, That Proviso. no person shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause: And provided 2d Proviso. further, That if any such deserter shall be found to have committed any crime or offence, his surrender may be delayed until the |