Sidebilder
PDF
ePub

peals to be

composed of

Superior
Courts.
Majority to

tory of Florida, established in virtue of the fourth section of the act of Judges of the the twenty-sixth of May, one thousand eight hundred and twentyfour, to which this act is an amendment, shall be composed of the judges of the superior courts in said territory respectively, a majority of whom shall be necessary to be present to constitute a quorum to hear and decide causes; but any two of the said judges shall be sufficient to make any interlocutory order, or to grant any writ authorised by any of the acts to which this is an amendment.

constitute a quorum, etc.

the highest

Writs of error § 2. And be it further enacted, That the provisions and regulaand appeals to tions contained in the twenty-fifth section of the act of the twentybe taken from fourth of September, one thousand seven hundred and eighty-nine, court of law entitled "An act to establish the judicial courts of the United or equity. etc. States,"* in regard to writs of error and appeals to the Supreme in the same Court of the United States, from a final judgment or decree in *Act of 1789, any suit in the highest court of law or equity of a state, shall be ch. 20, vol. 1,' applicable to writs of error and appeals to the Supreme Court of

manner, etc.

p. 53.

The regula

ed, etc., shall be observed.

etc.

the United States from the highest court of law or equity in said territory, having jurisdiction of the subject-matter, in the same manner, as writs of error and appeals are authorised now to be taken and prosecuted under the aforesaid twenty-fifth section of the act of the twenty-fourth of September, one thousand seven hundred and eighty-nine, from any court in any state; and writs of error and appeals, in virtue of the said twenty-fifth section, are hereby authorised to be taken and prosecuted, from the highest court of law or equity having jurisdiction of the subject-matter in the said territory.

§ 3. And be it further enacted, That the regulations prescribed tions prescrib- by the second section of the act entitled "An act in addition to an act entitled "An act to amend the judicial system of the United States," approved the third of March, one thousand eight Act of 1803, hundred and three, as far as said regulations shall be practicable, ch. 93, vol. 2, shall be observed in respect to all writs of error and appeals from the said court of appeals in the said territory to the Supreme Court of the United States.

p. 905.

Appeals and

writs of error te he allowed

§ 4. And be it further enacted, That appeals and writs of error may be taken and prosecuted, in all cases from the decisions and judgments of the highest court of said territory to the Supreme the amount in Court of the United States, where the amount in controversy exceeds one thousand dollars. [Approved, July 14, 1832.]

only where

controversy

exceeds

$1,000.

Assent of U.

S. given to act

CHAP. 239. An act giving the assent of the United States to an act of the General Assembly of Maryland, passed at their December session, in one thousand eight hundred and thirty-one, entitled “ An act further to amend the act incorporating the Chespeake and Ohio Canal Company."

§ 1. Be it enacted, &c. That the assent of the United States of Maryland. be, and the same is hereby, given to an act of the General Assembly of Maryland, entitled "An act further to amend the act incorporating the Chespeake and Ohio Canal Company," which passed the General Assembly of Maryland at December session, one thousand eight hundred and thirty-one: Provided, That nothing therein contained shall be construed to impair any right

Proviso.

possessed by the said company anterior to the passage of said act, nor to authorise any individual to obstruct the free access of all persons to the said canal along the berm bank, or other lands condemned for the construction and use thereof, nor to prevent the engineers, superintendents, or officers of the said company, from passing up and down the said canal without obstruction along the grounds condemned therefor, in order to inspect the condition of the said canal, or to make, at any time, suitable repairs thereof. [Approved, July 14, 1832.]

СНАР. 242. An act to revive and continue in force, " An act authorising the payment of certain certificates," approved seventh May, one thousand eight hundred and twenty-two.

§ 1. Be it enacted, &c. That the "Act authorising the pay. Act of Conment of certain certificates," approved on the seventh May, one gress of 7th May, 1822, thousand eight hundred and twenty-two, be, and the same is revived. hereby, revived and continued in force for the term of four years Act of 1822, from and after the passing of this act, and from thence to the end ch. 112, vol. of the next session of Congress thereafter, a notification of which 3, p. 1857. revival and continuance shall be published by the secretary of the treasury, for the information of the holders of the certificates, the payment of which is authorised by said act, in one or more of the public papers printed in each of the United States.

§ 2. And be it further enacted, That, for carrying this act into $40,000 upeffect, the sum of forty thousand dollars be, and hereby is, appro- propriated. priated, out of any money in the treasury of the United States not otherwise appropriated. [Approved, July 14, 1832.]

CHAP. 243. An act supplemental to the act " granting the right of Act of 1830, pre-emption to settlers on the public lands," approved the twenty. ch. 209, ante ninth day of May, eighteen hundred and thirty.

p. 2212.

§ 1. Be it enacted, &c. That all the occupants and settlers All occupants upon the public lands of the United States, who are entitled to a and settlers upon the pubpre-emption according to the provisions of the act of Congress, lielands, entiapproved the twenty-ninth day of May, eighteen hundred and tled to prethirty, and who have not been, or shall not be, enabled to make emption, &c. proof and enter the same within the time limited in said act, in who have not been, or shall consequence of the public surveys not having been made and not be enabled returned, or where the land was not attached to any land district, to make proof or where the same has been reserved from sale on account of a and enter, etc. shall be perdisputed boundary between any state and territory, the said occu- mitted to pants shall be permitted to enter the said lands on the same con- enter the said ditions, in every respect, as are prescribed in said act, within one lands, on the year after the surveys are made, or the land attached to a land tions, etc., district, or the boundary line established; and, if the said lands within one shall be proclaimed for sale before the expiration of one year as year after aforesaid, then they shall be entered before the sale thereof.

same condi

survey, etc.

ted to enter in

§ 2. And be it further enacted, That the occupants upon frac- Occupants tions shall be permitted, in like manner, to enter the same, so as upon fractions not to exceed in quantity one quarter-section; and, if the frac- to be permit tions exceed a quarter-section, the occupant shall be permitted to like manner, enter one hundred and sixty acres, to include his or their improve- etc. ment, at the price aforesaid. [Approved, July 14, 1832.]

VOL. IV.

30

Sec. of treasury antho

rised under

certain cir.

allow draw

back on rail iron, &c.

СНАР. 247.

An act to release from duty, iron prepared for, and actually laid on railways or inclined planes.

§ 1. Be it enacted, &c. That when it shall be satisfactorily proved to the secretary of the treasury, that any rail iron imported for the purpose of being applied in the construction of any railcumstances to road or inclined plane by any state or incorporated company has been actually and permanently laid on any such rail-road or inclined plane, that then, and in that case he may allow a drawback of the duty on such rail iron so laid, or if the duty shall have been actually paid, he may refund the same; any thing in any act to the contrary notwithstanding: Provided, That no iron shall be considered as rail-road iron, but such as is prepared to be laid upon rail-roads, or inclined planes, without further manufac

Proviso.

Time for pay.

to be extended

ses.

Proviso.

ture.

§ 2. And be it further enacted, That whenever any rail-road ment of bonds iron may have been, or shall hereafter be imported by any state in certain ca. or incorporated company for the purpose of being laid down on any rail-road, and the bonds given for the duties on the same shall become due before the said iron can be so laid down, the secretary of the treasury be, and he is hereby authorised to extend the time for the payment of so much of said bonds, as shall be equal to the amount of the drawbacks to which said state or company may be entitled: Provided, The time shall not be extended beyond three years from the date of the importation; and where any such state or company may have already paid the whole amount of any such bond, the secretary of the treasury be authorised to cause the amount of the drawback on the same to be refunded on taking bond with sufficient sureties that the same shall be repaid, should the iron for which said bond may be given, not be actually laid down within three years from the time of importation. [Approved, July 14, 1832.]

c. 75, ante, 2130.

Act of 1828, CHAP. 248. An act supplemental to the act" granting certain relinquished and unappropriated lands to the state of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahaba, and Black Warrior rivers," approved the twenty-third day of May, one thousand eight hundred and twenty-eight.

State of Ala

bama authorised to alter plan, &c.

Proviso.

§ 1. Be it enacted, &c. That it shall and may be lawful for the state of Alabama to alter the plan for the improvement on the Tennessee river below Florence, by canalling instead of sluicing, so as to accomplish the object which Congress had in view in making the appropriation: Provided, That not more than one hundred and fifty thousand dollars, including the sum already expended on that part of the river, shall be expended below the said town of Florence. [Approved, July 14, 1832.]

RESOLUTIONS.

[No. 3.] Resolution respecting the pay of the Marines. Resolved, &c. That the pay, subsistence, emoluments, and allowances of officers, non-commissioned officers, musicians and privates, of the United States Marine Corps, shall be the same as they were previously to the first of April, one thousand eight hundred and twenty-nine, and shall so continue until they shall be altered by law. [Approved, May, 25, 1832.]

[No. 4.] Resolution transferring certain duties, relating to Pensions, from the Treasury to the War Department.

from the se

cretary of the

Resolved, &c. That all the duties which devolve upon the Certain duties secretary of the treasury by virtue of an act, approved the seventh transferred of June, one thousand eight hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving treasury to seofficers and soldiers of the army of the revolution,"* be, and the cretary of same are hereby, transferred to the secretary of war. [Approved, June 28, 1832.]

[No. 9.] Resolution in relation to the execution of an act supplementary to an act for the relief of certain surviving officers and soldiers of the revolution.

war.

*Act of 1832, c. 126, ante, p. 2270.

2270.

Resolved, &c. That in the execution of the act supplementary Act of 1832, c. to the act for the relief of certain surviving officers and soldiers C. 126, ante p. of the revolution, approved June seventh, one thousand eight hundred and thirty-two, the time of imprisonment as a prisoner of war, shall be taken and computed as a part of the period of service. [Approved, July 14, 1832.]

ACTS OF THE TWENTY-SECOND CONGRESS

ОР

THE UNITED STATES.

Passed at the Second Session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the third day of December, one thousand eight hundred and thirty-two.

ANDREW JACKSON, President.

J. C. CALHOUN, Vice President, and President of the Senate. ANDREW STEVENSON, Speaker of the House of Representatives.

Land district established.

Boundaries.

Land office.

Register and receiver.

Act of 1830,
c. 101, p.2196.

CHAP. 312. An act to establish a land office in the territory of
Michigan.

1. Be it enacted, &c. That all that part of the territory of Michigan, which is comprehended within the following boundaries, shall, from and after the passage of this act, constitute one land district for the sale and entry of the public lands, viz. lying between the third and fourth ranges of townships south of the base line, and east of the principal meridian, except so much thereof as lies north of the river Huron of Lake Erie; and also, the first, second, third, fourth, fifth and sixth ranges of townships south of said base line, and west of said principal meridian. And there is hereby established a land office within the same, to be located at such place as the President, in his discretion, shall think proper to designate.

§ 2. And be it further enacted, That there shall be appointed by the President, by and with the advice and consent of the Senate, under the existing laws, a register and receiver in and for said district, whose compensation shall be the same as provided for other registers and receivers. [Approved, January 30, 1833.]

CHAP. 316. An act for making Calais and Pembroke, in the state of
Maine, ports of delivery.

§ 1. Be it enacted, &c. That the towns of Calais and of Pembroke, in the state of Maine, shall be ports of delivery, to be annexed to the district of Passamaquoddy. [Approved, February 5, 1833.]

CHAP. 323. An act to explain an act, entitled "An act to reduce the duties on coffee, tea, and cocoa," passed the twentieth of May, one thousand eight hundred and thirty.

§ 1. Be it enacted, &e. That in all cases in which the importers

« ForrigeFortsett »