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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. 110, ante, p. 2141.

Proviso.

Proviso.

When line of said canal passes over

Ïand sold by the U. S. Governor of

Ohio may locate other lands. Proviso.

P. U. S. authorised to

canal shall be completed within twenty years, or that the state shall be bound to pay to the United States the amount of any previously sold, be, and the same is hereby, repealed: Provided, That if the state of Ohio shall apply the said lands or the proceeds of the sales, or any part thereof, to any other use whatever, than in the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 Provided 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.

§ 2. And be it further enacted, That, whenever the line of the said canal, to be extended as aforesaid, from Dayton to the Maumee river, at the mouth of Auglaize, shall pass over land sold by the United States, it shall be lawful for the governor of the state 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 in width, one on each side of said extended canal. [Approved, April 2, 1830.]

CHAP. 68. An act authorising the appointment of an additional
Brigadier General for the territory of Arkansas.

1. Be it enacted, &c. That the President of the United States, by and with the advice and consent of the Senate, be, and he is hereby, authorised to appoint a Brigadier General for the in Arkansas. second brigade of the Arkansas militia. [Approved, April 15, 1830.]

appoint B. G.

*Act of 1826,
ch. 137, vol.
3, p. 2036.

Officers and

Virginia line, &c. allowed,

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 day of May, one thousand eight hundred and twenty-six.*

§ 1. Be it enacted, &c. That the officers and soldiers of the Virginia line, on the continental establishment, their heirs or soldiers of the assigns, entitled to bounty land within the tract of country reserved by the state of Virginia, between the Little Miami and 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.

&c.

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

&c.

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 requires "a certificate of the register of the Land Office of Vir- part repealed. ginia, 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.

compensa

authorised to employ cer

§ 1. Be it enacted, &c. That the secretary of state be, and he Sec'y State is hereby, authorised to employ one chief clerk, whose 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, inconsishereby, 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.

tent, &c. repealed.

tain cir

$10,000,000

§ 1. Be it enacted, &c. That whenever in the opinion of the Sec'y Treas'y Secretary of the Treasury, the state of the treasury will admit of under certhe application of a greater sum than ten millions of dollars in cumstances, any one year, to the payment of interest and charges, and to the to appropriate 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 annually, to the United States, to cause such surplus to be placed at the dis- the sinking 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.

surplus of

§ 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

the public debt.

Sec. 4 & 5 of

of the public debt, at such rates as, in their opinion, may be advantageous to the United States; any thing in any act of Congress to the contrary notwithstanding.

§ 3. And be it further enacted, That the fourth and fifth secact March 3, tions of the act, entitled "An act to provide for the redemption of the public debt," approved on the third of March one thousand eight hundred and seventeen,* are hereby repealed.

ed.

1817, repeal
*Act of 1817,

ch. 260, vol.
3, p. 1640.

$200,000, of sums appropriated for taking cen sus, to be passed to

surplus fund.

Time for &c. extended to Dec. 1. 1830.

§ 4. And be it further enacted, That the sum of two hundred thousand dollars, being the balance of the sums heretofore appropriated for the expenses of taking the next census, and which will not be required for that purpose, be, and the same is hereby, 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 contrary notwithstanding. [Approved, April 24, 1830.]

CHAP. 79. An act to extend the time for commencing the improvement of the navigation of the Tennessee river.

§ 1. Be it enacted, &c. That the time for commencing the commencing, improvement of the navigation of the Tennessee river, under an act of Congress "to grant certain relinquished and unappropriated lands to the state of Alabama, for the purpose of improving the navigation of the Tennessee, Cahawba, and Black Warrior rivers," approved the twenty-third day of May, one thousand *Act of 1828, eight hundred and twenty-eight,* be, and the same is hereby, extended to the first day of December next. [Approved, April 24, 1830.]

ch. 75, ante p. 2130.

Certain purchasers of

land in Louisiana autho

them.

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.

§ 1. Be it enacted, &c. That in all cases where persons have purchased lands of the United States within the state of Louisiana, and have paid in full therefor, and who have failed or rised to enter omitted to enter the same, the register of the land office of the district in which the land was purchased shall, on presentation of the original receipt of the receiver of said district by the origi nal purchaser or purchasers of the land, his, her, or their heirs, cause an entry thereof to be made, and give to him, her, or them a certificate for the same, specifying the time when the land was purchased, upon which a patent shall be issued as in other cases: Proviso: this Provided, however, That if, in the intermediate time between the privilege re- purchase and presentation of the said receipt, any of the said lands shall have been paid for and entered by any other person or persons, ignorant of the former purchase, the said register shall not enter the same lands, but may permit the party to enter other lands in lieu thereof, of equal quantity, within the same disany other per- trict, which may be subject to entry, and shall give him, her, or them a certificate therefor, upon which a patent shall issue as in other cases.-[Approved, May 5, 1830.]

stricted to

lands which

have not been

paid for and entered by

sons, &c.

CHAP. 87. An act to authorise the appointment of a marshal for the northern district of the state of Alabama.

§ 1. Be it enacted, &c. That a marshal shall be appointed for

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.

Alabama.

&c.

§ 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 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.

Sessions Dis

§ 1. Be it enacted, &c. That instead of the times now pre-trict Court to 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 in each and every year. 4th Monday

in June.

Clauses con

tinued, &c.

§ 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; and all causes pending in the said court, and which may have been 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.

held 2d Mon

Court to be

§ 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 Ohio 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 District 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.]

CHAP. 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 twenty-four, and for other purposes.

§1. Be it enacted, &c. That the act, approved on the twenty- Act May 26, sixth day of May, one thousand eight hundred and twenty-four, 1824, conti

p. 1359.

Court in Arkansas authorized to revise certain decrees, &c.

in

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 of enabling the Court in Arkansas, having cognizance of claims under the said act, to proceed by bills of review, filed, or to be filed, in the said court, on the part of the United States, for the purpose of revising all or any of the decrees of the said court, cases wherein it shall appear to the said court, or be be alleged in such bills of review, that the jurisdiction of the same was assumed, in any case, on any forged warrant, concession, verse & annul grant, order of survey, or other evidence of title; and, in every 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 practice and regulations as they may adopt, for the execution of the powers vested or confirmed in them by this act.

and to re

them :

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No entries of

land to be made under

&c.

decrees of said court:

1st, original

warrant, &c.

to be produ

ced, &c.

§ 2. And be it further enacted, That no entries of land in any 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. §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 been withdrawn from the files of the said court, unless the person or persons claiming such patent shall first produce and deposit, in the office of the Commissioner of the General Land Office, the original warrant, concession, grant, or order of survey, on which such decree was founded, and on which the said court took jurisdiction under the said act; and no patent shall be issued until the further order of Congress, in any case, under the said act, until it shall satisfactorily appear to the Commissioner of the General Land Office that the warrant, concession, grant, or order of surComm'r G. L. vey, on which any lands are claimed, under any decree of the said O. 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 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.

2d, Genuine

ness of this warrant, &c. to be estab

lished, to sa

tisfaction of

view.

Entries, pa

tents, &c. not

except, &c.

4. And be it further enacted, That no entry, survey, or patent, to be made shall, at any time hereafter, be made or issued under the said act, 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, patent, or survey.

In case of reversal, &c.

§ 5. And be it further enacted, That in all cases in which the

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