Penalties, how to be

sued for, &c.

§ 3. And be it further enacted, That all penalties and forfeitures incurred under the provisions of this act, shall be sued for, recovered and distributed, and accounted for, under the directions of the secretary of the navy, and shall be paid over, one-half to the informer or informers, if any, or captors, where seised, and the other half to the commissioners of the navy pension fund, for the use of the said fund; and the commissioners of the said fund are Mitigation of hereby authorised to mitigate, in whole or in part, and on such penalty. terms and conditions as they shall deem proper, and order in writing, any fine, penalty, or forfeiture incurred under this act. [Approved, March 2, 1831.]

Ten sections granted.

Authority to

sell.

CHAP. 302. An act granting a quantity of land to the Territory of Arkansas, for the erection of a public building at the seat of Government of said Territory.

§ 1. Be it enacted, &c. That the legislature of the Territory of Arkansas be, and they are hereby authorised to select, or cause to be selected, a quantity of the unappropriated public lands in the territory of Arkansas, not exceeding ten sections, and in portions not less than one quarter section, which is hereby granted to said territory, for the purpose of raising a fund for the erection of a public building at Little Rock, the seat of government of said territory.

§ 2. And be it further enacted, That the legislature of said territory be, and they are hereby authorised to adopt such measures for the sale of said tract of land, or any part thereof, at such times and manner, and convey the same by such deeds, as they shall deem expedient; and upon the presentation of such deeds of conveyance as shall be adopted by said legislature, and given to the purchasers, to the commissioners of the general land office, it shall be the duty of the President to issue patents to the purchasers, as in other cases. [Approved March 2, 1831.]

CHAP. 303. An act confirming the selections heretofore made of lands for the construction of the Michigan road, in the state of Indiana.

§ 1. Be it enacted, &c. That the selections and locations heretofore made by the state of Indiana, of the Michigan road lands, so far as they may remain unsold, be, and the same are hereby sanctioned and confirmed; and that the other public lands in Indiana, in lieu of those already sold, shall be selected under the same authority that the original selections and locations were made: Provided, That no selections or locations shall hereafter be made for the purposes aforesaid, until the authority of the state of Indiana shall cause to be made to the general land officer, an accurate survey and plot of the said road throughout its entire line.

§ 2. And be it further enacted, That the land offices at Crawfordsville and Fort Wayne, shall be duly notified, by the state authority, of the selections made in virtue of this act; after which, no sales thereof shall be made. [Approved March 2, 1831.]

p. 1959.

CHAP. 304. An act to extend the act, entitled "An act for the Act of 1834, further extending the powers of the Judges of the Superior Court of c. 173, vol. 3, 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, entitled "An act for the further extending the powers of the Judges of the Superior Court of the Territory of Arkansas, under the act of the twentysixth day of May, one thousand eight hundred and twenty-four, Act May 8, and for other purposes," approved on the eighth day of May, one 1830, c. 90, thousand eight hundred and thirty, be, and the same is hereby ante p. 2193. extended and continued in force until the eighth day of May, one extended. thousand eight hundred and thirty-two.

§2. And be it further enacted, That each of the Judges of Compensation the Superior Court of the Territory of Arkansas shall, whilst in to judges. the discharge of the duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as Judges of the Superior Court for the said territory, which shall be in full for their services, to be paid out of any money in the treasury not otherwise appropriated. [Approved March 2, 1831.]

CHAP. 308. An act to authorise the Territory of Florida to open a canal through the public lands, between Chipola River and Saint Andrew's Bay, in West Florida.

§ 1. Be it enacted, &c. That the Territory of Florida be, and Canal route granted. is hereby authorised to survey and mark, through the public lands of the United States, the route of a canal, by which to connect the navigation of the river Chipola and Saint Andrew's Bay, in West Florida, and to cut the same through the public lands; and ninety feet of land on each side of the said canal shall be reserved from sale on the part of the United States, and the use thereof, to be forever vested in the territory, or such company as shall be organised by them, for a canal, and for no other purpose whatever.

§ 2. And be it further enacted, That if the said territory shall Condition. not survey, and direct by law, said canal to be opened, and furnish the commissioners of the general land office a map thereof, within two years from and after the date of this act, or if the said canal be not completed suitably for navigation within five years thereafter, or if said land hereby granted, shall ever cease to be used and occupied for the purpose of constructing and keeping in repair a canal suitable for navigation, the reservation and grant aforesaid, shall be void and of no effect: Provided, Proviso: That nothing in this act contained, or that shall be done in pursuance thereof, shall be deemed to imply any obligation, on the part of the United States, to appropriate money to defray the expense of surveying or opening said canal: And provided like- Proviso: wise, That the said canal when completed by said territory, or by an incorporated company under the authority of the same, shall be, and forever remain, a public highway for the use of the government of the United States, free from any toll or charge. whatever, for any property of the United States, or persons in their service on public business passing through the same.

Adjacent lands.

Other canal

§3. And be it further enacted, That every section of land through which said canal route may pass, shall be and the same is hereby reserved from sale under the direction of the government of the United States, until hereafter specially directed by law; and the said territory, or company incorporated by them, are hereby authorised, without waste, to use any materials on the public lands adjacent to the said canal, that may be necessary to its construction.

§ 4. And be it further enacted, That the said territory, or any route granted. incorporated company under their authority be, and they are hereby authorised to open through the public lands of the United States, a canal from Matanzas to Halifax river, in East Florida, upon the same conditions, restrictions, and limitations, in every respect, as are prescribed in the foregoing provisions of this act; and the same lands shall be reserved, in like manner, for the objects specified, and for no other. [Approved March 2, 1831.] CHAP. 311. An act to establish ports of delivery at Port Pontchartrain and Delaware City, and for other purposes.

Port Pontchartrain.

Delaware
City.

St. John's.

§ 1. Be it enacted, &c. That there be, and hereby is established at Port Pontchartrain, on lake Pontchartrain, a port of delivery, that a surveyor shall be appointed to reside at said port, that all ships and vessels bound to said port, shall after proceeding thereto, and making report and entry at the port of New Orleans, within the time limited by law, be permitted to unlade their cargoes at the said port, under the rules and regulations prescribed by law. § 2. And be it further enacted, That all vessels about to depart from the said port for foreign ports and places, shall be permitted to clear out with their cargoes at the custom-house in the city of New Orleans, and depart under the same rules, regulations, and restrictions, and in every respect in the same manner, as vessels clearing out and departing for foreign ports and places, from the said city of New Orleans, by the way of the Mississippi river; and goods imported into the United States, and exported from said port, shall be entitled to the benefit of a drawback of the duties upon exportation to any foreign port or place, under the same provisions, regulations, restrictions and limitations, as if the said goods, wares, and merchandise had been exported directly from New Orleans by way of the Mississippi river.

§ 3. And be it further enacted, That Delaware City, in the District of Delaware, shall be a port of delivery; and a surveyor shall be appointed, who shall reside at said city.

§ 4. And be it further enacted, That a collection district be, and is hereby established in the Territory of Florida, which shall include all the ports, harbors, shores, and waters of the main land in Florida, and of the islands opposite and nearest thereto, from Saint Mary's to the south side of Saint John's, to be called the Saint John's District; and a port of entry shall be established at such point on the Saint John's river, as the President may direct; and a collector shall be appointed, who shall give the same bond, perform the same duties, and be entitled to the same compensation, and fees, as the collectors in the other districts in Florida.

§ 5. And be it further enacted, That Prospect, in the district Prospect. of Belfast, in the state of Maine, shall be a port of delivery: and that a surveyor shall be appointed, who shall reside at that place.

and Middle

§6. And be it further enacted, That the ports of Kennebunk, Kennebunk in the state of Maine, and Middletown, in the state of Connecticut, town. be, and they are hereby made ports of entry for vessels arriving from the Cape of Good Hope, and from places beyond the same. [Approved March 2, 1831.]

CHAP. 320. An act to authorise the extension, construction, and use of a lateral branch of the Baltimore and Ohio Rail-road, into and within the District of Columbia.

WHEREAS it is represented to this present Congress, that the Baltimore and Ohio Rail-road Company, incorporated by an act of the General Assembly of Maryland, entitled "An act to incorporate the Baltimore and Ohio Rail-road Company," passed the twenty-eighth day of February, eighteen hundred and twentyseven, are desirous, under the powers which they claim to be vested in them by the provisions of the before-recited act, to construct a lateral branch from the said Baltimore and Ohio Rail-road to the District of Columbia. Therefore,

Be it enacted, &c. That the Baltimore and Ohio Rail-road Company, incorporated by the said act of the General Assembly of Maryland, shall be, and they are hereby authorised to extend

into and within the District of Columbia a lateral rail-road, such Authority for as the said company shall construct, or cause to be constructed, lateral road. in a direction towards the said District, in connection with the rail-road which they have located, and are constructing, from the city of Baltimore to the Ohio river, in pursuance of their said act of incorporation: And the said Baltimore and Ohio Rail-road Company are hereby authorised to exercise the same powers, Powers, rights, and privileges, and be subject to the same restrictions, in rights, &c. the extension and construction of the said lateral rail-road into and within the said District, as they may exercise, or are subject to, under and by virtue of their said charter or act of incorporation, in the extension and construction of any rail-road within the state of Maryland, and shall be entitled to the same rights, compensation, benefits, and immunities, in the use of the said road, and in regard thereto, as are provided in their said charter, except the right to construct any lateral road or roads within the Restriction said District, from the said lateral branch or road hereby authorised, it being expressly understood, that the said Baltimore and Ohio Rail-road Company shall have power only to construct from the said Baltimore and Ohio Rail-road, one lateral road within the said District, to some point or terminus within the city and county of Washington, to be determined in the manner hereinafter mentioned; Provided, always, and be it enacted, That before Proviso: prothe Baltimore and Ohio Rail-road Company aforesaid, shall ceedings for proceed to construct any rail-road, which they may lay out or expropriation locate, on, through, or over any land or improvements, or to use, take for use any earth, stone, or other materials, on any land within the said District, they shall first obtain the assent of the VOL. IV.

19

of lands, &c.

owner of such land, improvements, or materials, or, if such owner shall be absent from said district, or shall refuse to give such assent on such terms as the said company shall approve, or, because of infancy, coverture, insanity, or any other cause, shall be legally incapable of giving such assent, then it shall be lawful for the said company to apply to a justice of the peace of the county of Washington, who shall thereupon issue his warrant, under his hand and seal, directed to the Marshal of the said district, requiring him to summon a jury of twenty inhabitants of the said district, none of whom shall be interested, or related to any person interested in the land or materials required for the construction of the said rail-road, or a stockholder, or related to any stockholder, in the said company, to meet on the land, or near to the other property or materials so required, on a day named in such warrant, not less than three nor more than fifteen days after issuing the same, to proceed to value the damages which the owner or owners of any such land or other property will sustain by the use or occupation of the same, required by the said company; and the proceedings, duty, and authority of the said Marshal, in regard to such warrant and jury, and the oath or affirmation to be administered, and inquisition to be made and returned, shall be the same as are directed and authorised in regard to the sheriff, by the fifteenth section of the said act of the General Assembly of the state of Maryland, incorporating the said Baltimore and Ohio Rail-road Company; and all the other proceedings in regard to such jury, and the estimating and valuation of damages, and the payment or tender of payment of any damages ascertained by such valuation and effect thereof, and of the view of any lands, or other property, or materials, as to giving the said company a right to use the same for the use or construction of any rail-road within the said district, as hereby authorised, shall, in every case, and in every respect, be the same as is provided in and by the above-mentioned act of incorporation in regard to the rail-road thereby authorised to be constructed by Proviso: other the said company: Provided, also, and be it enacted, That whenever the said company, in the construction of a rail-road into or within the said district, as authorised by this act, shall find it necessary to cross or intersect any established road, street or other way, it shall be the duty of the said company so to construct the said rail-road across such established road, street or other way, as not to impede the passage or transportation of persons or property along the same; and, where it shall be necessary to pass the said rail-road through the land of any individual within. the said district, it shall also be the duty of the said company to provide for such individual, proper wagon ways across the said rail-road, from one part of his land to the other; but nothing herein contained shall be so construed as to authorise the entry City lots, &c. by the said company upon any lot or square, or upon any part of any lot or square, owned by the United States, or by any other body or bodies politic or corporate, or by any individual or individuals, within the limits of the city of Washington, for the purposes aforesaid, of locating or constructing the said road, or of excavating the same, or for the purpose of taking therefrom,

roads not to be obstructed.

Wagon ways to be provided.