« ForrigeFortsett »
by law, and for making donations of land to certain persons in * Act of 1828, Arkansas territory,"* as provides that the extention of the Miami c. 100; ante, canal shall be completed within twenty years, or that the state
shall be bound to pay to the United States the amount of any Proviso. previously sold, be, and the same is hereby, repealed: Provided,
That if the state of Ohio shall apply the said lands or the proceeds of the sales, or any part thereof, to any other use whatever, than in the extension of the Miami canal, before the same shall have been completed, the said grant, for all lands unsold, shall thereby become null and void, and the said State of Ohio shall become liable and bound to pay to the United States, the amount for which said land, or any part thereof, may have been sold,
deducting the expenses incurred in selling the same: And ProProviso.
vided also, That it shall be lawful for the legislature of said state to appropriate the proceeds of the land so granted, either in extending the said Miami canal from Dayton to Lake Erie, or in the construction of a rail road, from the termination of the said
canal at Dayton, towards the said lake. When line of § 2. And be it further enacted, That, whenever the line of the said canal said canal, to be extended as aforesaid, from Dayton to the Maupasses over
mee river, at the mouth of Auglaize, shall pass over land sold by land sold by the United States, it shall be lawful for the governor of the state Governor of of Ohio to locate other lands in lieu of the land so sold: Provided,
such locations shall not exceed the number of acres necessary to
complete an aggregate quantity, equal to one-half of five sections Proviso.
in width, one on each side of said extended canal. [.Approved, April 2, 1830.]
locate other lands.
CHAP. 68. An act authorising the appointment of an additional
Brigadier General for the territory of Arkansas. P. U. au
$ 1. Be it enacted, fc. That the President of the United thorised to States, by and with the advice and consent of the Senate, be, and appoint B. G. he is hereby, authorised to appoint a Brigadier General for the in Arkansas.
second brigade of the Arkansas militia. [Approved, April 15, 1830.]
CHAP. 73. An act to amend an act, entitled “ An act to extend the
time for locating Virginia Military Land Warrants, and returning
surveys thereon to the General Land Office," approved the twentieth * Act of 1826, day of May, one thousand eight hundred and twenty-six.* ch. 137, vol. 3, p. 2036. § 1. Be it enacted, f.c. That the officers and soldiers of the Officers and Virginia line, on the continental establishment, their heirs or soldiers of the assigns, entitled to bounty land within the tract of country Virginia line, reserved by the state of Virginia, between the Little Miami and &c. allowed, Sciota rivers, shall be allowed until the first day of January, one
thousand eight hundred and thirty-two, to obtain warrants, subject, however, to the conditions, restrictions, and limitations, relating to locations, surveys, and patents contained in the act of which
this is an amendment. No location § 2. And be it further enacted, That no location shall be made to be made by virtue of any warrant obtained after the said first day of
January, one thousand eight hundred and thirty-two; and no patent shall issue in consequence of any warrant obtained after
that time. And that the second proviso, inserted in the first sec. Certain tion of the above recited act, except only that part thereof which proviso in
part repealed. requires “a certificate of the register of the Land Office of Virginia, that no warrant has issued from the said Land Office for the same services,” be, and the same is hereby, repealed. [Approved, April 23, 1830.] CHAP 74. An act to regulate and fix the compensation of the Clerks
in the Department of State. f 1. Be it enacted, fc. That the secretary of state be, and he Sec'y State is hereby, authorised to employ one chief clerk, whose compensa- authorised to tion shall not exceed two thousand dollars per annum; one clerk,
tain clerks, whose compensation shall not exceed one thousand six hundred &c. dollars per annum; one clerk, whose compensation shall not exceed one thousand five hundred dollars per annum; six clerks, whose compensation shall not exceed one thousand four hundred dollars each, per annum; one clerk, whose salary shall not exceed one thousand one hundred and fifty dollars per annum; one clerk, whose salary shall not exceed one thousand dollars, to be charged with the duty of translating foreign languages, in addition to other duties; one clerk, whose salary shall not exceed one thousand dollars per annum; one clerk, whose salary shall not exceed nine hundred dollars per annum; one clerk, whose compensation shall not exceed eight hundred dollars per annum; one superintendent in the Patent Office, whose salary shall not exceed one thousand five hundred dollars per annum; two clerks in the Patent Office, whose compensation shall not exceed one thousand dollars each, per annum; one clerk, whose compensation shall not exceed eight hundred dollars per annum.
§ 2. And be it further enacted, That all acts, and parts of acts, All former inconsistent with the provisions of this act, be, and the same are acts, inconsis. hereby, repealed. [Approved, April 23, 1830.]
Chap. 78. An act to authorise the Commissioners of the Sinking
Fund to redeem the public debt of the United States. § 1. Be it enacted, fc. That whenever in the opinion of the Secoy Treas'y Secretary of the Treasury, the state of the treasury will admit of under cer
tain cirthe application of a greater sum than ten millions of dollars in any one year, to the payment of interest and charges, and to the to reimbursement or purchase of the principal of the public debt, it more than shall be lawful for him, with the approbation of the President of
$10,000,000 the United States, to cause such surplus to be placed at the dis- the sinking
annually, to posal of the commissioners of the sinking fund, and the same shall fund. be applied by them to the reimbursement or purchase of the principal of the public debt, at such times as the state of the treasury will best admit.
§ 2. And be it further enacted, That, whenever, in any year, Comm’rs there shall be a surplus in the sinking fund beyond the amount of sinking fund interest and principal of the debt which may be actually due and to apply any payable by the United States, in such year, in conformity with that fund, to their engagements, it shall be lawful for the commissioners of the the extinsinking fund to apply such surplus to the purchase of any portion guishment of
Sec. 4 & 5 of
the public of the public debt, at such rates as, in their opinion, may be ad-
vantageous to the United States; any thing in any act of Con-
§ 3. And be it further enacted, That the fourth and fifth sec-
$ 4. And be it further enacted, That the sum of two hundred 3, p. 1640. thousand dollars, being the balance of the sums heretofore appro$200,000, of priated for the expenses of taking the next census, and which will sums appro- not be required for that purpose, be, and the same is hereby, priated for taking cen.
directed to be passed to the surplus fund upon the last day of the
year, one thousand eight hundred and thirty, any law to the conpassed to
trary notwithstanding. [Approved, April 24, 1830.] surplus fund. CHAP. 79. An act to extend the time for commencing the improve
ment of the navigation of the Tennessee river.
act of Congress “ to grant certain relinquished and unappropriated
rivers," approved the twenty-third day of May, one thousand *Act of 1828, eight hundred and twenty-eight* be, and the same is hereby, exch. 75, ante tended to the first day of December next. [Approved, April 24,
sus, to be
to Dec. 1. 1830.
CHAP. 86. An act to authorize the Registers of the several Land
Offices in Louisiana, to receive entries of lands in certain cases, and
give to the purchasers thereof certificates for the same. Certain pur.
§ 1. Be it enacted, fc. That in all cases where persons have chasers of
purchased lands of the United States within the state of Louiland in Louis
siana, and have paid in full therefor, and who have failed or
the original receipt of the receiver of said district by the origi-
purchased, upon which a patent shall be issued as in other cases:
them a certificate therefor, upon which a patent shall issue as in
northern district of the state of Alabama.
the northern district of the state of Alabama, whose duties shall Marshal crea. be the same, in every respect, within said district, as those ted for No. required by law to be performed by the present marshal.
§ 2. And be it further enacted, That when a marshal shall be Salary, fees, appointed for said northern district, he shall be entitled to a salary
&c. of two hundred dollars per annum, besides the fees of office fixed by law. And the salary of the present marshal be two hundred dollars per annum, instead of the sum heretofore allowed. The sum allowed, by law, to the marshal of Alabama, for taking the fifth census, shall be divided between the marshals of south and north Alabama, according to the number of souls enumerated in each district; and so soon as the marshal for the northern district shall be appointed under this act, the duties of the present marshal shall cease and determine in said district. (Approved, May 5, 1830.]
CHAP. 89. An act to change the time of holding the Court of the
United States for the district of Mississippi, and the Circuit Court of the United States in the district of Ohio. $ 1. Be it enacted, f-c. That instead of the times now pre-trict Court to
Sessions Dis. scribed by law for holding the Court of the United States for the begin 4th district of Mississippi, the said Court shall commence its sessions Monday in on the fourth Monday in January, and the fourth Monday in June, January and
4th Monday in each and every year,
in June. $ 2. And be it further enacted, That all process which may Process rehave issued from said court, at the passage of this act, and which turnable, &c. may issue previous to the fourth Monday of June next, shall, by virtue of this act, be returnable before the said court on that day;
Clauses conand all causes pending in the said court, and which may have been tinued, &c. continued by order thereof, to the term heretofore directed to be held on the first Monday in October next, shall
, by virtue of this act, stand continued to, and be triable at the term hereby directed to be held on the fourth Monday in June next.
§ 3. And be it further enacted, That the Circuit Court of the Circuit Court United States, within and for the district of Ohio, instead of the in Obio to be time now fixed by law, shall hereafter be held on the second Mon- day in July day of July, and the third Monday of December, in each year; and 3d Monand the District Court of the United States, in and for said dis- day in Dec. trict, shall hereafter be held on the Mondays next succeeding the times herein fixed for holding the Circuit Court. And the Circuit held, &c. Court for the district of west Tennessee, shall hereafter be held Process, &c. on the first Monday in September in each year, instead of the time now fixed by law. And all suits and matters of every kind returnable to, or pending in, either of said courts, shall be held to be returnable, and continued, to the terms of said courts herein provided for. [Approved, May 5, 1830.] CAAP. 90. An act, for further extending the powers of the judges of
the Superior Court of the Territory of Arkansas, under the act of the twenty-sixth day of May, one thousand eight hundred and twen. ty-four, and for other purposes.
§ 1. Be it enacted, góc. That the act, approved on the twenty- Act May 26, sixth day of May, one thousand eight hundred and twenty-four, 1824, conti
nued in force entitled “ An act to enable claimants to lands within the limits of till July 1,
the State of Missouri and Territory of Arkansas, to institute 1831. • Act of 1824, proceedings to try the validity of their claims," * shall be, and c. 173, vol. 3.' hereby is, continued in force, so far as the said act relates to the
claims within the Territory of Arkansas, until the first day of
July, one thousand eight hundred and thirty-one, for the purpose Court in Arkansas autho- of enabling the Court in Arkansas, having cognizance of claims rized to re
under the said act, to proceed by bills of review, filed, or to be vise certain
filed, in the said court, on the part of the United States, for the decrees, &c.
purpose of revising all or any of the decrees of the said court, in cases wherein it shall appear to the said court, or be
be alleged in such bills of review, that the jurisdiction of the same and to re was assumed, in any case, on any forged warrant, concession, verse & annul grant, order of survey, or other evidence of title; and, in every them :
case wherein it shall appear to the said court, on the prosecution of any such bill of review, that such warrant, concession, grant, order of survey, or other evidence of title, is a forgery, it shall be lawful, and the said court is hereby authorised to proceed, by further order and decree, to reverse and annul any prior decree
or adjudication upon such claim; and thereupon such prior decree mode of pro- or adjudication shall be deemed, and held in all places whatever, ceeding. to be null and void to all intents and purposes. And the said
court shall proceed on such bills of review, by such rules of prac
tice and regulations as they may adopt, for the execution of the No entries of powers vested or confirmed in them by this act. land to be
§ 2. And be it further enacted, That no entries of land in any made under provisions of of the land offices in Arkansas, under any of the provisions of the said act until, said act, shall be made, until the further direction of Congress. &c.
§ 3. And be it further enacted, That no patent shall be issued Requisites to for lands under any decree of the said court, in any case in which the issuing of patents under
the original warrant, concession, grant, or order of survey, has decrees of been withdrawn from the files of the said court, unless the person said court: or persons claiming such patent shall first produce and deposit, in 1st, original warrant, &c. the office of the Commissioner of the General Land Office, the orito be produ- ginal warrant, concession, grant, or order of survey, on which ced, &c.
such decree was founded, and on which the said court took juris2d, Genuine- diction under the said act; and no patent shall be issued until the warrant, &c.
further order of Congress, in any case, under the said act, until it to be estab. shall satisfactorily appear to the Commissioner of the General lished, to sa- Land Office that the warrant, concession, grant, or order of surtisfaction of
which lands are claimed,
under Comm'r G. L. vey, on
decree of the said
any 0.or of said court, was in fact, made or issued by or under the authority of the court upon re. person or persons purporting to have made or issued the same, or view.
unless the said warrant, concession, grant, or order of survey shall have been determined by the said court, on the hearing of a bill of
review, to be genuine. Entries, pa § 4. And be it further enacted, That no entry, survey, or patent, tents, &c. not
shall, at any time hereafter, be made or issued under the said act, except, &c.
except in the name of the original party to any such decree, and on proof to the satisfaction of the officers, respectively, that the party applying is such original party, or is duly authorised by such
original party, or his heirs, to make, receive, or require such entry, In case of re. patent, or survey. versal, &c. § 5. And be it further enacted, That in all cases in which the
ness of this
to be made