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any material, or for any other purpose or uses whatsoever; but the said company, in passing into the district aforesaid, and constructing the said road within the same, shall enter the city of Washington at such place, and shall pass along such public street or alley, to such point or terminus within the said city, as the company shall find best calculated to promote the objects of said road: Provided, That the level of said road within the said city, Proviso: shall conform to the present graduation of the streets, unless the level. said corporation shall agree to a different level: And provided Proviso: also, That the said company shall not be permitted to take or terminate the said road west of the west side of Seventh street west: And provided also, That the said road shall not cross, or nals protected. interfere with, or infringe on the existing Washington City canal, or the Chesapeake and Ohio canal, their waters or basins, or any other canal which may hereafter be projected and executed to connect the said Chesapeake and Ohio canal with the aforesaid Washington City canal, in its whole extent to the eastern branch of the Potomac: Provided also, The rate actually charged and Proviso: Rate received on all that part of said road within the district shall not exceed three cents a ton per mile for toll, and three cents a ton per mile for transportation, except as hereinafter specified, and shall be the same each way: Provided also, That the privileges Proviso: granted by this bill to the aforesaid rail-road company shall be upon the condition that the said company shall charge the same rate of toll upon the same articles going east and west between Baltimore and Washington.

of tolls, &c.

restricted.

§ 2. And be it further enacted, That in addition to the charges Contracts for authorised by said act of incorporation to be made by the Balti- use of cars. more and Ohio Rail Road Company aforesaid, the said company shall be authorised, within the said district, to make any special contract with any corporation, company or individual, for the exclusive use of any car, or of any part of, or place in, any car, or other carriage, on any rail road constructed by the said company, for a specified time or distance, or both, or for the receipt and delivery, or the transportation of merchandise or other valuable articles, in boxes, parcels, or packages weighing less than one-tenth of a ton, on such terms as may be mutually agreed on between the parties: Provided, That the charge for Proviso: the transportation of merchandise or other valuable articles charges shall not exceed one cent per mile for any single box, parcel, or package weighing less than fifty pounds, and measuring in size, not more than two cubic feet; and for any heavier or larger box, parcel, or package, weighing less than one-tenth of a ton, not more than two cents per mile. And the said company, in all cases where the whole of the merchandise, produce, or other property, transported on their rail road within the said district, at any one time, belonging to the same person, co-partnership, or corporation, shall weigh less than a ton, and more than half a ton, shall be entitled to charge and receive, for the transportation thereof, at the same rate per mile as if it weighed a full ton; and if the same shall weigh less than half a ton, the charge per mile may be the same as for half a ton; always estimating a ton weight to be two thousand pounds.

Conveyance of mail, &c.

Passengers.

Condition.

Saving of

rise other

roads, &c.

§ 3. And be it further enacted, That the said company are, also, hereby empowered to make such special contract with any duly authorised officer or agent of the United States, for the conveyance of the mail, or the transportation of persons or property for the use of the United States, on any rail-road which has been or shall be constructed by the said Baltimore and Ohio Rail Road Company, on such terms as shall be approved of by the competent officer or authority; and in all such instances, to receive the compensation so agreed for, according to the terms of each contract.

§ 4. And be it further enacted, That the said rail road company may charge and receive, for taking up and setting down any passenger or traveller within the district, conveyed a shorter distance than four miles, a sum not exceeding twelve and a half

cents.

§ 5. And be it further enacted, That unless the said company shall commence the said lateral rail road within one year, and complete the same, with, at least, one set of tracks, within four years from the passage of this act, then this act, and all the rights and privileges thereby granted, shall cease and determine. §6. And be it further enacted, That nothing herein contained right to autho- shall be so construed as to prevent the Congress of the United States from granting the same or similar privileges to those hereby granted to any other company or companies, incorporated or to be incorporated by the state of Maryland or Virginia or by Congress, or from authorising by any future law, such additional rail road or roads, in connection with said road, so as to extend the same road, or to construct others connected therewith, to such parts of the district as from time to time may be required by the convenience of those parts of the district into which the said company are now restrained from carrying said road, or from enacting such rules and regulations, prescribing the speed of cars or carriages passing over said road, and other matters relating thereto, necessary for the security of the persons and property of the inhabitants of the district, in such manner as to the present or any future Congress shall seem expedient; And provided, nevertheless, That nothing herein contained shall be construed to give any rights or privileges to the said company, beyond the limits of the District of Columbia.

Proviso:

Same rights,

Maryland.

§7. And be it further enacted, That if the state of Maryland &c. to state of shall determine to construct a rail way between the city of Baltimore and the District of Columbia, or shall incorporate a company for the same purpose, then similar rights, privileges, immunities, and powers, conferred by this act on the Baltimore and Ohio Rail Road, be, and the same are hereby, conferred on the state of Maryland, or any company which may be incorporated by it for the same purpose, within one year after the passage of this act. [Approved March 2, 1831.]

Boundary.

CHAP. 321. An act to ascertain and mark the line between the state of Alabama and the territory of Florida, and the northern boundary of the state of Illinois, and for other purposes,

1. Be it enacted, &c. That the President of the United States

be, and he is hereby, authorised to cause to be run and marked the boundary line between the state of Alabama and the territory of Florida, by the surveyors general of Alabama and Florida, on the thirty-first degree of north latitude; and it shall be the duty of the surveyor general of Florida to connect the public surveys on both sides with the line so run and marked.

ents to issue.

§ 2. And be it further enacted, That patents shall be issued for Certain patsuch tracts of land as were sold and paid for at the land office at Tallahassee, in the territory of Florida, as are found to be situate within the limits of the district of lands subject to sale at Sparta, in Alabama, agreeably to the terms of the act organising that district; and the said entries and sales shall be as valid, in every respect, as if they had been made in the land district of Alabama.

ers for north

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Act of 1818,

§ 3. And be it further enacted, That the President of the CommissionUnited States is hereby authorised to cause the surveyor general ern boundary of the United States for the states of Illinois and Missouri, and of Illinois. the territory of Arkansas, to act as a commissioner on the part of the United States, whenever he shall be duly informed that the government of the state of Illinois shall have appointed a commissioner on its part, the two to form a board, to ascertain, survey and mark the northern line of the state of Illinois, as defined in the act of Congress, entitled "An act to enable the people of the Illinois Territory to form a Constitution and State Government, &c." passed the eighteenth of April, one thousand eight hundred and eighteen; and, in case of vacancy in said office of commissioner, or of his being unable to act from any cause, the President is authorised to fill such vacancy by the appointment of some other qualified person, whenever it may be necessary, until the object of the commission shall be attained. § 4. And be it further enacted, That the said board of Surveyors, missioners shall have power to employ the necessary surveyors and labourers, and shall meet at such time and place as may be agreed upon by the President of the United States and the gov ernment of the state of Illinois, and proceed to ascertain, survey and mark the said northern line of the state of Illinois, and report their proceedings to the President of the United States and the governor of the state of Illinois.

com

c. 62, vol. 3,

p.

1674.

&c.

tion.

§ 5. And be it further enacted, That the President may allow to Compensa. the said commissioner of the United States, such compensation Proviso:

for his services as shall seem to him reasonable: Provided, it does not exceed the allowance made by the state of Illinois to the commissioner on its part; and the said allowance, together with one-half of the necessary expenses of said board, and the surveyors and labourers, and the allowance to be made to the surveyors general of the state of Alabama and the territory of Florida, and the necessary expenses incurred by them in running and marking said line between said state and territory, shall be paid from the treasury of the United States, out of any money not otherwise appropriated: and, to enable the President to carry this act into effect, there is hereby appropriated the sum of two thousand dollars. [Approved March 2, 1831.]

Expenses of
Alabama line.

Florida and

CHAP. 322. An act allowing the duties on foreign merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and paid at those places.

Proceedings § 1. Be it enacted, &c. That when any goods, wares, or merat the several chandise, are to be imported from any foreign country, into places. Pittsburg, in the state of Pennsylvania, Wheeling, in the state of Virginia, Cincinnati, in the state of Ohio, Louisville, in the state of Kentucky, St. Louis in the state of Missouri, Nashville, in the state of Tennessee, or into Natchez, in the state of Mississippi; the importer thereof shall deposit in the custody of the surveyor of the place a schedule of the goods so intended to be imported, with an estimate of their costs at the place of exportation, whereupon the said surveyor shall make an estimate of the amount of duties accruing on the same, and the importer or consignee shall give bond, with sufficient sureties, to be approved by the surveyor, in double the amount of the duties so estimated, conditioned for the payment of the duties on such merchandise, ascertained as hereinafter directed; and the surveyor shall forthwith notify the collector at New Orleans of the same, by forwarding to him a copy of said bond and schedule.

Proceedings

§ 2. And be it further enacted, That the importer or his agent at N. Orleans. is hereby authorised to enter any merchandise, imported as aforesaid, by the way of New Orleans, at that port, in the manner now prescribed by law; and the collector shall grant a permit for the landing thereof, and cause the duties to be ascertained as in other cases, the said goods remaining in the custody of the collector until reshipped for the place of destination; and the collector shall certify to the surveyor at such place the amount of such duties, which the said surveyor shall enter on the margin of the bond, as aforesaid given to secure the same, which goods shall be delivered by the collector to the agent of the importer or consignee, duly authorised to receive the same, for shipment to the place of importation, and the master or commander of every steamboat, or other vessel, in which such merchandise shall be transported, shall, previously to her departure from New Orleans, deliver to the collector duplicate manifests of such merchandise, specifying the marks and numbers of every case, bag, box, chest, or package, containing the same, with the name and place of residence of every importer or consignee of such merchandise, and the quantity shipped to each, to be by him subscribed, and to the truth of which he shall swear or affirm, and that the said goods have been received on board his vessel; stating the name of the agent, who shipped the same; and the said collector shall certify the facts as aforesaid, on the manifests, one of which he shall return to the master, with a permit thereto annexed, authorising him to proceed to the place of his destination.

Infractions

3. And be it further enacted, That, if any steamboat or and penalties. other vessel, having merchandise on board, imported as aforesaid, shall depart from New Orleans without having complied with the provisions of this act, the master thereof shall forfeit five hundred dollars; and the master of any such boat or vessel, arriving at either of the ports above named, on board of which

port.

merchandise, as aforesaid, shall have been shipped at New Proceedings Orleans, shall within eighteen hours next after the arrival, and at second previously to unloading any part of said merchandise, deliver to the surveyor of such port the manifest of the same, certified, as aforesaid, by the collector of New Orleans, and shall make oath or affirmation before the said surveyor that there was not, when he departed from New Orleans, any more or other goods on board such boat or vessel, imported as aforesaid, than is therein mentioned; whereupon the surveyor shall cause the said casks, bags, boxes, chests, or packages, to be inspected, and compared with the manifest, and the same being identified, he shall grant a permit for unloading the same, or such part thereof as the master shall request, and, when a part only of such merchandise is intended to be landed, the surveyor shall make an endorsement on the back of the manifest, designating such part, specifying the articles to be landed, and shall return the manifest to the master, endorsing thereon his permission to such boat or vessel to proceed to the place of its destination; and, if the master of such steam boat or vessel shall neglect or refuse to deliver the manifests within the time herein directed, he shall forfeit one hundred dollars.

§4. And be it further enacted, That, the collector of the port Condition of of New Orleans shall permit no entry to be made of goods, entry at N. O. wares, or merchandise, where the duty on the same shall exceed the amount of the bond deposited with the surveyor, as aforesaid, nor shall the said surveyor receive the bond of any person not entitled to a credit at the custom-house, nor for a sum less than fifty dollars, and that, when the said bond shall have been completed, and the actual amount of duty ascertained and certified on the margin, as aforesaid, it shall be the duty of the surveyor of the port where the bond is taken, to deposit the same for collection in such bank as may be directed by the secretary of

the treasury.

§ 5. And be it further enacted, That where surveyors are not Surveyors to already appointed in any of the places mentioned in the first be appointed. section of this act, a suitable person shall be appointed for such places, and on all such surveyors, whether appointed or to be appointed, shall devolve the duties prescribed by this act, in addition to the customary duties performed by that officer in other places; and the surveyor at each of said places shall, before taking the oath of office, give security to the United States for the faithful performance of all his duties, in the sum of ten thousand dollars, and shall receive, in addition to his customary fees, an annual salary of three hundred and fifty dollars; Provided, Proviso. That no salary arising under this act, shall commence until its provisions shall take effect, and merchandise may be imported under its authority.

§ 6. And be it further enacted. That all penalties and forfeit- Suits, &c. for ́ures incurred by force of this act shall be sued for, recovered, penalties. distributed and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on Act of 1799, imports and tonnage," passed on the second day of March, one c. 128, vol. 1.

p. 573.

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