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1830.

CHAP. 148-151.

such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal.

§ 6. And be it further enacted, That it shall and may be lawful Protection for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

7. And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorised to have over them at their present places of residence: Provided, That nothing in this act contained shall be construed as authorising or directing the violation of any existing treaty between the United States and any of the Indian tribes.

dollars.

§8. And be it further enacted, That for the purpose of giving Appropria effect to the provisions of this act, the sum of five hundred thou- tion 500,000 sand dollars is hereby appropriated, to be paid out of any money in the treasury, not otherwise appropriated. [Approved, May 28, 1830.]

CHAP. 150. An act to repeal a part of an act, passed the twenty-sixth day of March, one thousand eight hundred and four, entitled "An act making provision for the disposal of the public lands in the Indiana territory and for other purposes."

books dis-
continued.

§ 1. Be it enacted, &c. That so much of an act, approved the Examination twenty-sixth day of March, in the year one thousand eight hundred of land office and four, entitled "An act making provisions for the disposal of the public lands in the Indiana territory, and for other purposes"* *Act of 1804 as makes it the duty of the secretary of the treasury to cause, at ch. 35, vol. 2, least once every year, the books of the offices to be examined, p. 926. and the balance of public moneys in the hands of the several receivers of public moneys of the said offices to be ascertained, be and the same is hereby, repealed. [Approved, May 28, 1830.]

CHAP. 151. An act relative to the plan of Detroit, in Michigan

territory.

made.

§1. Be it enacted, &c. That the governor and judges of the Report to be territory of Michigan, or any three of them, are hereby required to make a report of the plan of laying out the town of Detroit, under, and by virtue of an act, entitled "An act to provide for the adjustment of titles of land in the town of Detroit, and territory of Michigan, and for other purposes," passed the twenty-first p. 1025. April, one thousand eight hundred and six; one copy of which Act of 1806, shall, on or before the first day of January next, be deposited and ch.43, vol. 2, recorded in the office of the secretary of the territory of Michigan, and another copy transmitted to the secretary of state of the

United States, to be by him laid before Congress. [Approved,
May 28, 1830.]

CHAP. 152. An act to repeal the proviso in " An act to authorise mas-
ters of vessels in certain cases to clear out either at the Custom
House of Petersburg, or that of Richmond."

§1. Be it enacted, &c. That the proviso of an act, passed May twenty-sixth, one thousand eight hundred and twenty-four, entitled "An act to authorise masters of vessels in certain cases to clear out either at the Custom House of Petersburg, or that of *Act of 1824, Richmond,"* be, and the same is hereby repealed.-[Approved, c. 161, vol. 3. May 28, 1830.]

p. 1552.

Solicitor Treasury. Powers and duties.

Charge of lands, &c.

Release of lands, &c.

Papers of
Treasury

Agent to be

transferred.

Direct taxes, &.c.

CHAP. 153. An act to provide for the appointment of Solicitor of the

Treasury.

§ 1. Be it enacted, &c. That there be appointed, by the President of the United States, by and with the advice and consent of the Senate, some suitable person, learned in law, to be Solicitor of the Treasury; and that all and singular the powers and duties which are by law vested in, and required from, the Agent of the Treasury of the United States, shall be transferred to, vested in, and required from, the said Solicitor of the Treasury; and the said Solicitor of the Treasury shall also perform and discharge so much of the duties heretofore belonging to the office of Commissioner, or Acting Commissioner of the Revenue, as relates to the superintendence of the collection of outstanding direct and internal duties. And the said solicitor shall have charge of all lands and other property which have been or shall be assigned, set off, or conveyed to the United States, in payment of debts, and of all trusts created for the use of the United States, in payment of debts, due them; and to sell and dispose of lands assigned, or set off to the United States, in payment of debts, or being vested in them by mortgage, or other security for the payment of debts; and in cases where real estate hath already become the property of the United States by conveyance, extent, or otherwise, in payment of a debt, and such debt hath been fully paid, in money, and the same hath been received by the United States, it shall and may be lawful for the Solicitor of the Treasury to release by deed, or otherwise convey the same real estate to the debtor from whom it was taken, if he shall be living, or if such debtor be dead, to his heirs or devisees, or such person as they shall appoint.

§ 2. And be it further enacted, That the secretary of the treasury shall cause to be transferred to the solicitor of the treasury, all books, papers, and records belonging or appertaining to the office of agent of the treasury, or belonging and appertaining to the superintendence of the collection of outstanding direct taxes and internal duties; and the comptroller of the treasury, and all other officers, who have heretofore been required to cause accounts to be stated and certified, or to make out or forward lists, returns, reports, or statements, to the agent of the treasury, are hereby required to cause such accounts to be stated and certi

fied, and such lists, returns, reports, and statements, to be made Returns and and forwarded to the solicitor of the treasury; and all lists, reports. returns, reports, and statements, respecting outstanding direct taxes and internal duties, heretofore required to be made to the Commissioner or acting Commissioner of the Revenue, shall hereafter be made to the said solicitor of the treasury.

of bonds deli

§3. And be it further enacted, That whenever any bond for Statements duties shall be delivered to a district attorney for suit, the collec- by collectors, tor so delivering the same shall immediately give information vered for suit. thereof to the solicitor of the treasury, with a full and exact description of the date of such bond, the amount due thereon, and the names of all the obligors thereto; and the solicitor of the treasury shall thereupon make such entry thereof as that the said attorney may duly appear chargeable therewith, until the amount thereof shall have been paid to the United States, or he shall have obtained judgment thereon, and delivered execution to the marshal, or shall otherwise have been duly discharged there- Statements from: and the several district attorneys of the United States by Dist. Atshall, immediately after the end of every term of the Circuit and torneys, of suits pending District Courts of the United States in their respective districts, and decided. forward to the solicitor of the treasury a full and particular statement, as well of all cases in which the United States are a party, which are pending in said courts, as of those which may have been decided during such term, accompanied by a certificate of the clerk of such court; and it shall be the duty of the solicitor of the treasury to make constant and strict compa- of statements, Comparison risons and examinations of the said returns of the district attor- and reports neys and of the reports made by the collectors of bonds delivered thereon. to the attorneys for suit; and if it shall appear that any collector shall make return of any bond as in suit, or delivered for suit, which is not at the time, in suit, or delivered for suit, or shall return any bond as in suit, for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the solicitor of the treasury shall, immediately Coll'r to send upon discovery thereof, communicate the same to the President account of of the United States; and it shall further be the duty of each collector to accompany his return for the last quarter of every year with a particular account of bonds in suit, stating the amount actually unpaid on each; and to the truth of such account he shall certify on oath.

bonds in suit.

seizures, &c.

§ 4. And be it further enacted, That when any suit or action Statements of for the recovery of any fine, penalty, or forfeiture, shall be insti- suits for fines, tuted or commenced, a statement of such suit or action shall be immediately transmitted to the solicitor of the treasury, by the attorney instituting the same; and whenever any seizure shall be made for the purpose of enforcing any forfeiture, the collector or other person causing such seizure to be made, shall, in like manner, immediately give information thereof to the solicitor of the treasury.

§ 5. And be it further enacted, That the said solicitor shall have Instruction of power to instruct the district attorneys, marshals and clerks of atty's, marthe Circuit and District Courts of the United States, in all matters and proceedings appertaining to suits in which the United

shals and clerks.

Report of moneys recovered.

Rules for the gov't of collectors, &c.

Acounts of suits.

Abstract of the same.

Clerk to be transferred.

Atty. Gen. to advise, &c.

Additional salary, 500 dolls.

Salary of solicitor 3,500

dolls.

Clerk 1,500 dolls.

Messenger 500 dolls.

Postage free,

3,500 dolls.

States is a party or interested, and cause them or either of them to report to him from time to time, any information he may require in relation to the same.

§ 6. And be it further enacted, That all moneys recovered or collected by the solicitor of the treasury, or under his direction shall be reported by him to the officer from whom the bond or other evidence of debt was received, and proper credit be given therefor; and he shall report in like manner all credits allowed by due course of law, on any suits under his direction.

§7. And be it further enacted, That it shall be the duty of the solicitor of the treasury, with the approbation of the secretary of the treasury, to establish such rules and regulations not inconsistent with law, for the observance of collectors, district attorneys and marshals, respecting suits in which the United States are parties, as may be deemed necessary for the just responsibility of those officers, and the prompt collection of all revenues and debts due and accruing to the United States.

§ 8. And be it further enacted, That it shall be the duty of the solicitor of the treasury, to obtain from the several district attorneys of the United States, full and accurate accounts of all causes and actions pending in the Courts of the United States, in which the United States shall be plaintiff, on the fourth day of July next; and shall cause an intelligible abstract thereof, showing the names of the parties in each suit, the cause of action, the time of its commencement, and such other matters as may be necessary to full information respecting the same, to be prepared and laid before Congress at the commencement of the next session.

§ 9. And be it further enacted, That the secretary of the treasury be, and he hereby is authorised to transfer one of the clerks now employed in the office of the fifth auditor, to the office of solicitor of the treasury; and the said clerk shall continue to receive the same salary as at present.

§ 10. And be it further enacted, That it shall be the duty of the attorney general of the United States at the request of said solicitor, to advise with and direct the said solicitor as to the manner of conducting the suits, proceedings, and prosecutions aforesaid; and the attorney general shall receive in addition to his present salary, the sum of five hundred dollars per annum.

§11. And be it further enacted, That the solicitor of the treasury shall receive an annual salary of three thousand five hundred dollars, and be authorised to employ, with the approbation of the secretary of the treasury, one clerk, who shall receive a salary of eleven hundred and fifty dollars per annum; and one messenger, with a salary of five hundred dollars per annum. All letters to and from the solicitor of the treasury relating to the duties and business of his office, shall be transmitted by mail free of postage.

§ 12. And be it further enacted, That the sum of three thouappropriated. sand five hundred dollars be, and the same hereby is appropriated for the payment of the said salaries for the present year, to be paid out of any money in the treasury not otherwise appropriated. [Approved, May 29, 1830.]

CHAP. 162. An act to vest in the state of Indiana, certain lands within the limits of the canal grant.

§1. Be it enacted, &c. That there be vested in the state of Certain lands Indiana, twenty-nine thousand five hundred and twenty-eight vested, &c. acres and seventy-eight hundredths of the public lands, to be selected by the canal commissioners of said state from the alternate sections reserved to the United States in the division made under "An act to grant a certain quantity of land to the state of Indiana, for the purpose of aiding said state in opening a canal to connect the waters of the Wabash river with those of Lake Erie," approved March second, one thousand eight hundred and twenty-seven, which shall be in lieu of the aforesaid quantity *Act of 1827, heretofore sold by the United States, permanently reserved by c. 213, vol. 3, treaty to individuals, and located by individual grants before the P. 2064. division aforesaid, and which would otherwise have become the property of the said state in virtue of the act above referred to; the selections aforesaid to be made and reported by the commissioners to the proper land offices, before the reserved sections aforesaid shall be offered for sale. [Approved, May 29, 1830.]

CHAP. 164. An act to protect the surveyors of the public lands of the United States, and to punish persons guilty of interrupting and hindering by force, surveyors in the discharge of their duty.

C.

§1. Be it enacted &c. That any person who shall hereafter, in any manner, by threats or force, interrupt, hinder, or prevent the surveying of the public lands of the United States, or any private land claim, which has or may be confirmed by the United States, or the authority thereof, by the persons authorised to survey the same, in conformity with the instructions of the commissioner of the general land office, or the principal surveyors in any of the districts, in any state or territory, shall be considered and adjudged to be guilty of a misdemeanor, and upon conviction Act to constiin any District or Circuit Court of the United States, in any state tute a misdeor territory having jurisdiction of the same, shall be fined a sum Punishment. not less than fifty dollars, nor more than three thousand dollars, and be imprisoned for a period of time, not less than one, nor more than three years.

meanor.

§2. And be it further enacted, That whenever the President Force to be of the United States shall be satisfied that forcible opposition has repelled. been offered, or will likely be offered to any surveyor or deputy surveyor, or assistant surveyor, in the discharge of his or their duties in surveying the public lands of the United States, it shall and may be lawful for the President to order the marshal of the state or district, by himself or deputy, to attend such surveyor, deputy, or assistant surveyor, with sufficient force to protect such officer in the execution of his duty as surveyor, and to remove force should any be offered. [Approved, May 29, 1830.]

CHAP. 180. An act to alter and amend the sixty-fifth article of the first *Act of 1806, section of an act, entitled "An act for establishing rules and articles c. 20, vol. 2, for the government of the Armies of the United States, passed the p. 992. 10th of April, one thousand eight hundred and six.

Courts mar

§ 1. Be it enacted, &c. That, whenever a general officer com- tial.

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