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in certain cases to be

appointed by P. U.S.

In acertain case, other

lands than the

may be selected.

manding an army, or a colonel commanding a separate department, shall be the accuser or prosecutor of any officer in the army of the United States, under his command, the general court martial for the trial of such officer shall be appointed by the President of the United States.

§ 2. And be it further enacted, That the proceedings and sentence of the said court shall be sent directly to the secretary of war, to be by him laid before the President for his confirmation, or approval, or orders in the case.

§3. And be it further enacted, That so much of the sixty-fifth article of the first section of "An act for establishing rules and articles for the government of the armies of the United States," passed on the tenth of April, eighteen hundred and six, as is repugnant hereto, be, and the same is hereby repealed. [Approved, May 29, 1830.]

CHAP. 181. An act to authorise the selection of certain school lands, in the Territory of Arkansas.

§ 1. Be it enacted, &c. That wherever the sixteenth sections in said territory, either in whole, or in part, are now, or may 16th sections hereafter be, included in private claims held by titles confirmed, or legally decided to be valid and sufficient, other lands equivalent thereto and most convenient to the same, may be selected in lieu thereof, under the direction of the Secretary of the Treasury; and the lands so selected shall be entered in the office of the Register of the land district in which they may lie, and be, by such register, reported to the Commissioner of the General Land Office, as school lands selected under this act: Provided, That, before making any entry of such other lands, the case shall be made out to the satisfaction of the register and receiver of said district, agreeably to rules to be prescribed by the Commissioner of the General Land Office, for that purpose, showing that the sixteenth section, or a part thereof, has been included in the manner above mentioned. [Approved May 29, 1830.]

Allowance of

4 dolls. per mile for certain surveys.

CHAP. 183. An act to provide for surveying certain lands in the Territory of Arkansas.

1. Be it enacted, &c. That the surveyor general of the States of Illinois, Missouri, and Territory of Arkansas, be, and he is hereby, authorised to contract for, and pay, at the rate of four dollars per mile, for the surveying of such of the public lands in the Territory of Arkansas, which lie on the rivers, and are so thickly covered with cane, that contracts for executing the survey thereof, by suitable persons, cannot be made at the existing price: Prodided, That said surveyor general shall certify to the commissioner of the General Land Office, from time to time, the quantity of land for the surveying of which, the additional compensation allowed by this act shall be contracted for, and the reasons, in his opinion requiring the increased allowance. [Approved, May 29, 1830.]

CHAP. 184. An act to exempt deserters, in time of peace, from the punishment of death.

§ 1. Be it enacted, &c. That from and after the passage of this act, no officer or soldier, in the army of the United States, shall be subject to the punishment of death, for desertion in time of peace. [Approved, May 29, 1830.]

CHAP. 186. An act, to reduce the duty on molasses, and to allow a drawback on spirits distilled from foreign materials.

§ 1. Be it enacted, &c. That from and after the thirtieth day Duty 5 cents. of September, one thousand eight hundred and thirty, the duty

on molasses shall be five cents for each gallon, and no more; and,

from and after that time, there shall be allowed a drawback of Drawback 4 four cents upon every gallon of spirits distilled in the United cents. States, or the territories theref, from foreign molasses, on the exportation thereof to any foreign port or place other than the dominions of any foreign State immediately adjoining the United States, in the same manner and on the same conditions as before the tariff of May the nineteenth, one thousand eight hundred and twenty-eight [Approved May 29, 1830.]

CHAP. 190. An act, to reduce the duty on salt.

§ 1. Be it enacted, &c. That, the duty on salt be fifteen cents 15 cents per bushel of fifty-six pounds, from the thirty-first of December next, until the thirty-first of December, one thousand eight hun- and 10 cents. dred and thirty-one, and, after that time, ten cents per bushel,

and no more. [Approved, May 29, 1830.]

CHAP. 208. An act, to amend the acts regulating the commercial intercourse between the United States and certain colonies of Great Britain.

§ 1. Be it enacted, &c. That whenever the President of the President of United States shall receive satisfactory evidence that the govern- U. S. on the ment of Great Britain will open the ports in its colonial posses- certain meaadoption of sions in the West Indies, on the continent of South America, the sures by the Bahama Islands, the Caicos, and the Bermuda or Somer Islands, Br. Gov. to the vessels of the United States, for an indefinite or for a limited term; that the vessels of the United States and their cargoes, on entering the colonial ports aforesaid, shall not be subject to other or higher duties of tonnage or impost, or charges of any other description, than would be imposed on British vessels or their cargoes, arriving in said colonial possessions from the United States; that the vessels of the United States may import into the said colonial possessions from the United States any article or articles which could be imported in a British vessel into the said possessions from the United States; and that the vessels of the United States may export from the British colonies aforementioned, to any country whatever, other than the dominions or possessions of Great Britain, any article or articles that can be exported therefrom in a British vessel, to any country other than the British dominions or possessions as aforesaid; leaving the commercial intercourse of the United States, with all other parts VOL. IV.

15

S.

terms.

of the British dominions or possessions, on a footing not less favourable to the United States, than it now is, and that then, and in such case, the President of the United States, shall be, and he is authorised to hereby, authorised at any time before the next session of Congress, open ports U. to issue his proclamation, declaring that he has received such evidence; and, thereupon, from the date of such proclamation, the ports of the United States shall be opened, indefinitely or for a term fixed, as the case may be, to British vessels coming from the said British colonial possessions, and their cargoes, subon reciprocal ject to no other or higher duty of tonnage or impost, or charge of any description whatever, than would be levied on the vessels of the United States, or their cargoes, arriving from the said British possessions; and it shall be lawful for the said British vessels to import into the United States, and to export therefrom, any article or articles which may be imported or exported in vessels of the United States: and the act, entitled "An act concerning navigation," passed on the eighteenth day of April, one thousand eight hundred and eighteen;* an act supplementary thereto, passed the fifteenth day of May, one thousand eight hundred and twenty;† and an act, entitled "An act to regulate the commercial intercourse between the United States, and certain British ports," passed on the first day of March, one thousand eight hundred and twenty-three,‡ are, in such case, hereby declared to be suspended, or absolutely repealed, as the case may require.

*Act of 1818, c. 65, vol. 3, Act of 1820, c. 122, vol. 3,

p. 1677.

p. 1800.

Act of 1823, c. 150, vol. 3,

p. 1893.

Certain set

§ 2. And be it further enacted, That, whenever the ports of the United States shall have been opened, under the authority given in the first section of this act, British vessels and their cargoes shall be admitted to an entry in the ports of the United States from the islands, provinces, or colonies, of Great Britain, on or near the North American continent, and north or east of the United States.-[Approved, May 29, 1830.]

CHAP. 209. An act to grant pre-emption rights to settlers on the public lands.

§ Be it enacted, &c. That every settler or occupant of the public tlers may en- lands, prior to the passage of this act, who is now in possession,

ter quarter

section.

Proviso:

and cultivated any part thereof in the year one thousand eight hundred and twenty-nine, shall be, and he is hereby, authorised to enter, with the register of the land office, for the district in which such lands may lie, by legal subdivisions, any number of acres, not more than one hundred and sixty or a quarter section, to include his improvement, upon paying to the United States the then minimum price of said land: Provided, however, That no entry or sale of any land shall be made, under the provisions of this act, which shall have been reserved for the use of the United States, or either of the several states, in which any of the public lands may be situated.

be

Where two or § 2. And be it further enacted, That if two or more persons more settlers. settled upon the same quarter section, the same may be divided between the two first actual settlers, if, by a north and south, or east and west line, the settlement or improvement of each can be included in a half quarter section; and in such case the said settlers shall each be entitled to a pre-emption of eighty acres of

1830.

[blocks in formation]

land elsewhere in said land district, so as not to interfere with other settlers having a right of preference.

tlement.

§3. And be it further enacted, That prior to any entries being Proof of set. made under the privileges given by this act, proof of settlement or improvement shall be made to the satisfaction of the register and receiver of the land district in which such lands may lie, agreeably to the rules to be prescribed by the commissioner of the general land office for that purpose, which register and receiver shall each be entitled to receive fifty cents for his services therein. And that all assignments and transfers of the right of pre-emption given by this act, prior to the issuance of patents, shall be null and void.

§ 4. And be it further enacted, That this act shall not delay the sale of any of the public lands of the United States, beyond the time which has been, or may be, appointed, for that purpose, by the President's proclamation; nor shall any of the provisions of this act be available to any person or persons, who shall fail to make the proof and payment required before the day appointed for the commencement of the sales of lands including the tract or tracts on which the right of pre-emption is claimed; nor shall the right of pre-emption, contemplated by this act, extend to any land, which is reserved from sale, by act of Congress, or by order of the President, or which may have been appropriated, for any purpose whatsoever.

[Ap§ 5. And be it further enacted, That this act shall be and remain in force, for one year from and after its passage. proved, May 29, 1830.]

Chap. 212. An act to revive and continue in force "An act fixing the compensations of the secretary of the Senate and clerk of the House of Representatives, of the clerks employed in their offices, and of the Librarian."

§ 1. Be it enacted, &c. That the act passed the eighteenth day of Act April 18, April, one thousand eight hundred and eighteen, entitled " An act 1818, revived. fixing the compensation of the secretary of the Senate and clerk

of the House of Representatives, of the clerks employed in their
offices, and of the librarian,*" be and the same is hereby revived *Act of 1818,
and continued in force. [Approved, May 29, 1830.]

c. 64, vol. 3, p. 1677.

СНАР. 214. An act increasing the terms of the Judicial Courts of the
United States for the southern district of New York, and adding to
the compensation of several District Judges of the United States.
§ 1. Be it enacted, &c. That, hereafter, there shall be held, Monthly ses.
monthly, in the city of New York, a session of the District Court sions of Dist.
of the United States for the southern district of New York, to
commence on the first Tuesday of each month, and be held in
the manner now provided by law for holding the stated terms of
the said court.

Court.

Circt. Ct.

§2. And be it further enacted, That, hereafter, there shall be Two addi held, annually, in the city of New York, two additional sessions tional session of the Circuit Court of the United States, for the said district, for the trial of criminal causes, and suits in equity, to commence on the last Monday of February, and the last Monday of July: And

sions.

Special ses further, That the said court may, at its discretion, direct special sessions thereof to be held in the said city, for the trial of criminal causes or suits in equity; which said additional and special sessions may be held by the said District Judge alone.

Salaries.

Certain troops
of Virginia
authorised
to draw
scrip, &c.

§ 3. And be it further enacted, That, hereafter, the District Judge for the southern district of New York, shall reside in the city of New York; and there shall be allowed the said Judge the yearly compensation of thirty-five hundred dollars, to be paid at the treasury of the United States, in quarterly payments; to the Judge of the northern district of New York, the sum of two thousand dollars, and to the Judge for the district of Connecticut, one thousand five hundred dollars.

4. And be it further enacted, That, hereafter, there shall be allowed the District Judges of the United States for the districts of Massachusetts, South Carolina, Georgia, Alabama, and the eastern district of Pennsylvania, each, the yearly compensation of two thousand five hundred dollars; and to the District Judges of the following districts, respectively, the yearly compensation following-to the District Judge of North Carolina, two thousand dollars; of Maine, one thousand eight hundred dollars; of Rhode Island, one thousand five hundred dollars; of Delaware, one thousand five hundred dollars; of Maryland, two thousand dollars; of New Jersey, one thousand five hundred dollars; of Vermont, one thousand two hundred dollars; and of the western district of Pennsylvania, one thousand eight hundred dollars, to be paid at the treasury of the United States in quarterly payments. [Approved, May 29, 1830.]

CHAP. 216. An act for the relief of certain officers and soldiers of the
Virginia line and Navy, and of the Continental army, during the
Revolutionary war.

§ 1. Be it enacted, &c. That the officers and soldiers, sailors and marines, who were in the service of Virginia on her own state establishment during the revolutionary war, and who were entitled to military land bounties, by the laws and resolutions of that state, their heirs and assigns, shall be, and they are hereby, authorised to surrender, to the secretary of the treasury of the United States, such of their warrants for the said land bounties as shall remain unsatisfied, in whole or in part, and to receive certificates or scrip for the same, at any time before the first day of January, in the year one thousand eight hundred and thirtyfive, which certificates or scrip shall be issued by the said secretary, and signed by him, and countersigned by the commissioner of the General Land Office, in the following manner, that is to say: There shall be a separate certificate or scrip for such sum as shall, at the time of issuing the same, be equal to the then minimum price of each quantity of eighty acres of land due by such warrant, and remaining unsatisfied at the time of such surrender, and a like certificate or scrip for such sum as, at the time, shall be equal to the minimum price of the quantity that shall so remain unsatisfied, of any such warrant after such subdivisions of the amount into quantities of eighty acres. And where any such warrant shall have been lost or mislaid, by time and accident, it shall and may be lawful for the party desiring to surrender

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