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Proviso.

Proviso.

Pre-emption granted to certain per

sons.

eighty acres; and that for all the other claims comprised in the reports as aforesaid, and which ought, in the opinion of the register and receiver to be confirmed, the claimant to such land shall be entitled to a grant therefor, as a donation not to exceed twelve hundred and eighty acres to any one person: And provided also, That the claim of the representatives of Louis Boisdore, numbered four, in report numbered three, shall not be confirmed to more than twelve hundred and eighty acres; and all the confirmations of the said incomplete titles and grants of donations, hereby provided to be made, shall amount only to a relinquishment forever on the part of the United States, of any claim whatever to the tract of land so confirmed or granted, without prejudice to the interests of third persons.

§ 2. And be it further enacted, That every person, or his or her legal representatives, whose claim is embraced by the said register and receiver in their reports numbers five, six and seven, of actual settlers or their legal representatives, not having any written evidence of claim, shall, where it appears by the said reports that the land claimed or settled on had been actually inhabited and cultivated by such person or persons in whose right the same is claimed on or before the fifteenth day of April, one thousand eight hundred and thirteen, be entitled to a grant for the land so claimed or settled on as a donation: Provided, That not more than one tract shall be granted to any one person, and the same shall not exceed six hundred and forty acres, to include his or her improvements, and to be bounded by sectional or divisional lines; and that no lands shall be thus granted which are claimed or recognised by the preceding section.

§ 3. And be it further enacted, That every person, or his or her legal representatives, comprised in the aforesaid reports of actual settlers, not having any written evidence of claim, who, on the third day of March, one thousand eight hundred and nineteen, did, as appears by those reports, actually inhabit and cultivate a tract of land in the said district, not claimed under any written evidence of title legally derived from the French, British or Spanish governments, or granted as a donation, shall be entitled to become the purchaser of the quarter section, or two-eights of any section on which the improvements may be, and including the same, at the same price for which other public lands are sold at private sale: Provided, That the same shall be entered with the register of the land office within the term of two years or before, if the same shall be offered at public sale: And provided also, That where any such person is settled on, and has improved any school lands in said district, such person shall be governed by the provisions of the fourth section of the act approved on the twentysecond day of April, one thousand eight hundred and twenty-six, Act of 1826, entitled "An act giving the right of pre-emption in the purchase of lands to certain settlers in the states of Alabama, Mississippi, and territory of Florida."

Proviso.

Proviso.

c. 28, vol. 3, p. 2017.

Register and receiver to

possess, &c.

§2. And be it further enacted, That the register and receiver of the said district shall possess the same powers, and perform the same duties in relation to the claims confirmed by this act, as are given to, and required of them by the act of Congress of

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c. 128, vol. 3,

the eighth of May, one thousand eight hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting Act of 1822, the claims and titles to lands, and establishing land offices in the district east of the island of New Orleans." [Approved, 28 May, 1830.]

CHAP. 147. An act for the more effectual collection of the impost duties.

p. 1867.

§ 1. Be it enacted, &c. That the President of the United States, Additional by and with the advice and consent of the Senate, is hereby appraiser to authorised to appoint an additional appraiser of merchandise for be appointed. the port of New York, who shall take a similar oath, and have like power and compensation, and perform the same duties, with the appraisers now authorised by law to be appointed at that place.

ers.

§ 2. And be it further enacted, That the secretary of the trea- Eight assist. sury may appoint, not exceeding four assistant appraisers in New ant appraisYork, two in Philadelphia, and two in Boston, who shall be practically acquainted with the quality and value of some one or more of the chief articles of importation, subject to appraisement, to be employed in appraising goods in such manner as shall be directed by the secretary of the treasury, and who shall take and subscribe an oath diligently and faithfully to examine and inspect such goods, wares, or merchandise, as the principal duties of assisappraisers may direct, and truly to report to them, to the best of tants. their knowledge and belief, the true value thereof, according to law; whereupon the principal appraisers shall revise and correct of principals. the same as they may judge proper, and report to the collector

Oath and

their decision thereon: but, if the collector shall deem any Collectors to appraisement of goods too low, he shall have power to order a order re-apreappraisement, either by the principal appraisers, or by three praisement. merchants designated by him for that purpose, who shall be citi

zens of the United States, and cause the duties to be charged accordingly.

§ 3. And be it further enacted, That, from and after the thirtieth Rule as to day of September next, whenever goods of which wool or cotton average value. is a component part, of similar kind, but different quality, are found in the same package, if not imported from beyond the Cape of Good Hope, it shall be the duty of the appraisers to adopt the value of the best article contained in such package, as the average value of the whole; and if the owner, importer, or consignee, or Appeal. agent for any goods appraised, shall consider any appraisement, made by the appraisers, or other persons designated by the collector, too high, he may apply to the collector in writing, stating the reasons for his opinion, and having made oath that the said appraisement is higher than the actual cost and proper charges on which duty is to be charged, and also, that he verily believes it is higher than the current value of the said goods, including said charges, at the place of exportation, the collector shall designate one merchant, skilled in the value of such goods, and the owner, importer, consignee, or agent, may designate another, both of whom shall be citizens of the United States, who, if they cannot agree in an appraisement, may designate an umpire, who

Number of

packages to be examined.

cy.

Act of 1823, c. 149, vol. 3, p. 1881.

shall also be a citizen of the United States, and when they, or a majority of them, shall have agreed, they shall report the result to the collector, and if their appraisements shall not agree with that of the United States' appraisers, the collector shall decide between them.

§ 4. And be it further enacted, That the collectors of the customs shall cause at least one package out of every invoice, and one package at least out of every twenty packages of each invoice, and a greater number, should he deem it necessary, of goods imported into the respective districts, which package or packages he shall have first designated on the invoice to be Consequences opened and examined, and if the same be found not to corresof discrepan- pond with the invoice, or to be falsely charged in such invoice, the collector shall order, forthwith, all the goods contained in the same entry to be inspected; and if such goods be subject to ad valorem duty, the same shall be appraised, and if any package shall be found to contain any article not described in the invoice, or if such package or invoice be made up with intent, by a false valuation, or extension or otherwise, to evade or defraud the revenue; the same shall be forfeited, and the fifteenth section of the "act supplementary to an act to amend an act, entitled, “an act to regulate the collection of duties on imports and tonnage, passed second March, one thousand seven hundred and ninetynine, and for other purposes," passed first March, one thousand eight hundred and twenty-three; and also so much of any act of Congress as imposes an additional duty or penalty of fifty per centum on duties upon any goods which may be appraised at twenty-five per centum, or ten per centum, above their invoice price, is hereby repealed; and no goods liable to be inspected or appraised as aforesaid, shall be delivered from the custody of the officers of the customs, until the same shall have been inspected or appraised, or until the packages sent to be inspected or appraised, shall be found correctly and fairly invoiced and put up, and so reported to the collector: Provided, That the collector may, at the request of the owner, importer, consignee, or agent, take bonds, with approved security, in double the estimated value of such goods, conditioned that they shall be delivered to the order of the collector, at any time within ten days after the package or packages sent to the public stores shall have been appraised and reported to the collector. And if, in the mean time, any of the said packages shall be opened, without the consent of the collector or surveyor given in writing, and then in the presence of one of the inspectors of the customs, or if the said package or packages shall not be delivered to the order of the collector, according to the condition of the said bond, the bond shall, in either case, be forfeited.

Goods, when

to be deliver

ed.

Proviso.

Goods for re- § 5. And be it further enacted, That it shall be the duty of the exportation. collector to cause all goods entered for re-exportation, with the right of drawback, to be inspected, and the articles thereof compared with their respective invoices, before a permit shall be given for lading the same; and where the goods so entered shall be found not to agree with the entry, they shall be forfeited; and every importer, owner, consignee, agent, or exporter, who shall enter

goods for importation, or for exportation, or transportation from one port or place to another, with the right of drawback, shall deposit with the collector the original invoice of such goods, if not before deposited with the collector, and in that case an authenticated invoice thereof to be filed and preserved by him in the archives of the custom-house, which shall be signed by such importer, owner, consignee, agent, or exporter, and the oath to be made on the entry of such goods shall be annexed thereto.

app. &c.

§ 6. And be it further enacted, That the assistant appraisers Compensaat New York shall receive a compensation of fifteen hundred tion of Ass. dollars per annum; and those at Boston and Philadelphia, a compensation of twelve hundred dollars per annum ; to be paid out of the proceeds of the customs; and the clerks, and all other persons employed in the appraisers' office, shall be appointed by the principal appraisers, and their number and compensation limited and fixed by the secretary of the treasury.

7. And be it further enacted, That all forfeitures incurred Forfeiture. under this act, shall be sued for, recovered, and distributed, according to the provisions of the act, entitled "An act to regu- Act of 1799, late the collection of duties on imports and tonnage," passed the c. 128, vol. 1, second day of March, one thousand seven hundred and ninety. p. 573. nine: Provided, That the appraisers and assistant appraisers, Proviso. shall in no case, receive any proportion of such forfeiture: And provided also, That the secretary of the treasury shall be, and he is hereby, authorised to remit any such forfeiture whenever he is of opinion that no fraud on the revenue was intended.

§8. And be it further enacted, That whenever, in the opinion Additional of the secretary of the treasury, it may be necessary in order to bond. carry into full effect the laws for the collection of the revenue, he may authorise the collector of any district into which goods, wares, or merchandise, subject to duty, may be imported, to require the owner, importer, or consignee of such goods, wares, or merchandise, to give bond, in addition to the bond now required by law, in a sum not exceeding the value of such merchandise, that he will produce, or cause to be produced, within a reasonable time, to be fixed by the said secretary, such proof as the said secretary may deem necessary, and as may be in the power of the said owner, importer, or consignee, to obtain, to enable the collector to ascertain the class or description of manufacture, or rate of duty, to which such goods, wares, or merchandise, may be justly liable.

§ 9. And be it further enacted, That, from and after the thirtieth day of September next, all iron manufactured for rail roads, shall be liable to the same rate of duty which is now imposed on bar or bolt iron of similar manufacture; and that all scrap iron shall be liable to the same duty that is charged on iron in pigs: Provided however, That when it shall be satisfactorily proved to the secretary of the treasury, that any of the said iron imported for the purpose of being applied in the construction of any rail road or inclined plane by any state or incorported company, has been actually and permanently laid on any such rail road or inclined plane that then and in that case he may allow to such state or company a drawback of the duty on such rail road iron so laid, VOL. IV. 14

Iron-duty.

Proviso:

Proviso:

Districts to be laid off.

President to exchange,

&c.

Title secured to Indians.

Improvements to be appraised and paid for.

Aid in mov. ing, &c.

or, if the duty upon the same shall have been actually paid, he may refund the same: Provided, such drawback or repayment shall not reduce the duty to be paid on such iron below twentyfive per cent. ad valorem, nor upon any less quantity than twenty tons. [Approved, 28 May, 1830.]

CHAP. 148. An act to provide for an exchange of Lands with the Indians residing in any of the States or Territories, and for their removal west of the river Mississippi.

1. Be it enacted, &c. That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organised territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other.

§ 2. And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation of Indians now residing within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the states within which it lies to extinguish the Indian claim thereto.

§ 3. And be it further enacted, That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same; Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same.

§ 4. And be it further enacted, That if, upon any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe.

§ 5. And be it further enacted, That upon the making of any

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