of coffee or cocoa, which remained in the custom house stores Coffee and under the bond of the importer on the thirty-first day of Decem- cocoa, in store Dec. 31, 1830, ber, one thousand eight hundred and thirty, shall have paid on put on same the same a greater amount of duty than is imposed by the act footing as if passed on the twentieth day of May, one thousand eight hundred imported and thirty, on coffee or cocoa, imported after the thirty-first day date. of December, one thousand eight hundred and thirty, the secretary of the treasury is directed to refund, out of any money in the treasury not otherwise appropriated, to such importer the amount of such excess so collected. after same cocoa in store after same §2. And be it further enacted, That, in all cases in which the Coffee, tea & importers of coffee, tea, or cocoa, which remained in the custom- Dec. 31, 1831, house stores, on the thirty-first day of December, one thousand put on same eight hundred and thirty-one, under the control of the proper footing as if officer of the customs, shall have been compelled to pay on the imported same a greater amount of duty than is imposed by said act, on date. coffee, tea, or cocoa, imported after the thirty-first day of December, one thousand eight hundred and thirty-one, the secretary of the treasury is directed to refund, out of any money in the treasury not otherwise appropriated, to such importers, the amount of such excess so collected. [Approved, February 9, 1833.] 2229. CHAP. 330. An act to amend an act, entitled "An act to alter and Act of 1831, amend an act to set apart and dispose of certain public lands for the c. 266, ante, p. encouragement of the cultivation of the vine and olive;" approved nineteenth of February, one thousand eight hundred and thirty-one. § 1. Be it enacted, &c. That all persons who became entitled Occupants to an allotment of land under the contract recited in the first prior to October 31, 1832, section of the act to which this is an amendment, their heirs, devisees, or assigns, who, on or before the thirty-first day of October, in the year eighteen hundred and thirty-two, were in the actual occupancy and cultivation of the same, or any part thereof, shall, on paying into the treasury one dollar and twenty- authorised to five cents the acre previous to the fifteenth of May, one thousand purchase. eight hundred and thirty-four, receive a patent for his or her allotment or purchase: Provided, That the register of the land Proviso, office for the district in which the lands lie, shall be satisfied of the validity of the purchase. §2. And be it further enacted, That all persons in actual set- Occupants tlement and cultivation, before or on the thirty-first day of Octo- prior to Octo. ber, one thousand eight hundred and thirty-one, upon any of the authorised to ber 31, 1831, lands referred to by the act to which this is an amendment, and purchase. not disposed of by the first section of this act, or any former act of Congress, shall, on proof of such settlement and cultivation, and on paying into the treasury of the United States, within six months after the passage of this act, one dollar and twenty-five cents per acre, receive a patent for one hundred and sixty acres: Provided, That nothing in this act shall be so constructed as to Proviso. alter or repeal the third section of the above recited act. §3. And be it further enacted, That so much of the act of Term of pay. which this is an amendment as requires that payment shall be ment extendmade previous to the third of March, eighteen hundred and ed. thirty-three, be, and the same is hereby, extended to the fifteenth Act of 1832, c. 126, ante p. 2270. Invalid pensioners not embraced in second section of former act. Value of horses lost in service to be paid. Proviso. of May, one thousand eight hundred and thirty-four. [Approved, February 19, 1833.] CHAP. 330. An act to amend an act, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution." §1. Be it enacted, &c. That the second section of the act, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," approved the seventh day of June, one thousand eight hundred and thirty-two, shall not be construed to embrace invalid pensioners; and that the pensions of invalid soldiers shall not be deducted from the amount receivable by them under the said act. [Approved, February 19, 1833.] CHAP. 332. An act for the payment of horses and arms lost in the military service of the United States against the Indians, on the frontiers of Illinois and the Michigan Territory. § 1. Be it enacted, &c. That any mounted militiaman or volunteer whilst in the service of the United States, in the late expeditions against the Indians, on the frontiers of Illinois and the Territory of Michigan, who sustained damage by the loss of any horse which was killed in battle, or died in consequence of a wound received therein, or in consequence of a failure on the part of the United States, to furnish such horse with sufficient forage whilst in the service, or in consequence of the owner being dismounted, or separated and detached from the same, by order of the commanding officer, or in consequence of the rider being killed or wounded in battle, shall be allowed and paid the value of such horse at the time of going into service: Provided, Such loss was not the result of negligence on the part of the owner; the time employed in going to the place of rendezvous, and returning home after being discharged, to be taken and considered as actual service. Value of § 2. And be it further enacted, That any person in the aforearms, &c. to said service of the United States, as a volunteer or drafted paid. militiaman, who furnishes himself with arms and military accoutrements, and has sustained loss by the capture or destruction of the same, without fault or negligence on his part, shall be allowed and paid the value thereof. Claims to be paid by third auditor. Act of 1816, p. 1542. Act of 1817, c. 283, vol. 3, p. 1651. § 3. And be it further enacted, That all claims arising under this act shall be examined, allowed, and paid in the same manner by the third auditor, that similar claims were under "an act to authorise the payment of property lost, captured or destroyed by the enemy, while in the military service of the United States, and for other purposes," passed the ninth of April, one thousand eight hundred and sixteen, and the act in amendment thereof, passed the third of March, one thousand eight hundred and seventeen; this act to be and remain in force three years from and after its passage. [Approved, February 19, 1833.] CHAP. 340. An act to authorise the laying out and constructing a road from Line Creek to the Chatahooche, and for repairing the road on which the mail is now transported. § 1. Be it enacted, &c. That the sum of twenty thousand $20,000 apdollars be, and the same is hereby appropriated, to be paid propriated. out of any money in the treasury, for the purpose of laying out and making a post road through the Creek nation of Indians, commencing at Line creek, in the state of Alabama, and terminating at the Chatahooche, opposite Columbus, in the state of Georgia. § 2. And be it further enacted, That for the early accomplish- Superintenment of this object, the President shall appoint a superintendent dent to be of said road, whose duty it shall be, under the direction of the Pre- appointed. sident, to divide the same into sections of not more than ten miles each, to contract for, and personally superintend the opening and making the said road, as well as to receive, disburse, and faithfully account with the treasury for all sums of moneys by him received by virtue of this act, and the said superintendent shall receive, during the time he is so employed, at the rate of one his salary. thousand dollars per annum. § 3. And be it further enacted, That for the repairs of the $2000 for reroad through said Creek nation, on which the mail is now trans- pairs of road. ported, until the road authorised by this act is completed, the further sum of two thousand dollars, to be expended under the direction of the postmaster general, be, and the same is hereby appropriated. [Approved, February 20, 1833.] CHAP. 341. An act to authorise the Legislature of the State of Ohio, to sell the land reserved for the support of religion in the Ohio Company's, and John Cleeves Symmes' purchases. sold: § 1. Be it enacted, &c. That the legislature of the state of Certain reserOhio shall be, and is hereby authorised to sell and convey, in free vations to be simple, all or any part of the lands heretofore reserved and appropriated by Congress for the support of religion within the Ohio Company's, and John Cleeves Symmes' purchases, in the state of Ohio, and to invest the money arising from the sale thereof, in some productive fund; the proceeds of which shall be forever Annual apannually applied, under the direction of the said legislature, for plication of the support of religion within the several townships for which said the proceeds. lands were originally reserved and set apart, and for no other use or purpose whatsoever, according to the terms and stipulations of the contracts of the said Ohio Company's, and John Cleeves Symmes' purchases within the United States: Provided, Proviso. Said land, or any part of it, shall, in no case, be sold without the consent of the person who may be the lessee thereof, nor without the consent of the inhabitants of the township within which any such land may be situated, to be obtained in such manner as the legislature of said state shall by law direct: And provided, also, Proviso. That in the apportionment of the proceeds of said fund, each township within the districts of country aforesaid, shall be entitled to such proportion thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the Time for entering certain donation claims to lands extended. c. 110, ante p. 2141. +Act of 1829, c. 163, ante p. 2158. #Act of 1830, c. 3, ante p. 2177. Proviso. After Dec. 31, 1833, all du to be reduced striking off one-tenth of the excess, &c. *Act of 1832, c. 224, ante p. 2317. church land belonging to such township. [Approved, February 20, 1833.] CHAP. 342. An act further to extend the time for entering certain donation claims to land in the Territory of Arkansas. § 1. Be it enacted, &c. That the provisions of the eighth and ninth sections of the act of Congress, approved the twenty-fourth day of May, one thousand eight hundred and twenty-eight, entitled "An act to aid the state of Ohio in extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said state, to aid in the construction of canals authorised by law, and for making donations of land to certain persons in Arkansas Territory," and the provisions of the act, entitled "An act restricting the location of certain land claims in the Territory of Arkansas, and for other purposes,"† approved the sixth of January, one thousand eight hundred and twenty-nine; and, also, the provisions of an act, entitled "An act to extend the time for locating certain donations in Arkansas," approved the thirteenth January, one thousand eight hundred and thirty, be, and the same are hereby continued in force for the term of five years, from the twenty-fourth day of May, one thousand eight hundred and thirtythree: Provided, That nothing in this act, or the foregoing acts, shall be so construed as to prevent the President of the United States from bringing the said lands in Arkansas, into market under the existing laws; and all claims to donations under the before recited act, which shall not have been presented and allowed by the proper authorities on or before the day which shall be fixed on by the President for the sale of the land, are hereby declared forfeited to the United States. [Approved, February 20, 1833.] СНАР. 354. An act to modify the act of the fourteenth of July, one thousand eight hundred and thirty-two, and all other acts imposing duties on imports. 1. Be it enacted, &c. That from and after the thirty-first day ties exceeding of December, one thousand eight hundred and thirty-three, in all 20 per cent. cases where duties are imposed on foreign imports by the act of by biennially the fourteenth day of July, one thousand eight hundred and thirtytwo, entitled "An act to alter and amend the several acts imposing duties on imports," or by any other act, shall exceed twenty per centum on the value thereof, one-tenth part of such excess shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and thirty-five, another tenth part thereof shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and thirty-seven, another tenth part thereof shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and thirty-nine, another tenth part thereof shall be deducted; and from and after the thirty-first day of December, one thousand eight hundred and forty-one, one-half of the residue of such excess shall be deducted; and from and after the thirtieth day of June, one thousand eight hundred and forty-two, the other half thereof shall be deducted. § 2. And be it further enacted, That so much of the se- Duty on cond section of the act of the fourteenth of July aforesaid, as plains, kerseys, &c. fixes the rate of duty on all milled and fulled cloth, known by the raised to 50 names of plains, kerseys, or kendal cottons, of which wool is the per cent. only material, the value whereof does not exceed thirty-five cents a square yard, at five per centum ad valorem, shall be, and the same is hereby repealed. And the said articles shall be subject to the same duty of fifty per centum, as is provided by the said. second section for other manufactures of wool; which duty shall be liable to the same deductions as are prescribed by the first section of this act. in cash, &c. §3. And be it further enacted, That until the thirtieth day of June, one thousand eight hundred and forty-two, the duties imposed by existing laws, as modified by this act, shall remain and continue to be collected. And from and after the day last After, &c. du. aforesaid, all duties upon imports shall be collected in ready lies to be paid money; and all credits now allowed by law, in the payment of duties, shall be, and hereby are abolished; and such duties shall be laid for the purpose of raising such revenue as may be necessary to an economical administration of the government; and from and after the day last aforesaid, the duties required to be paid by law on goods, wares and merchandise, shall be assessed upon the value thereof, at the port where the same shall be entered, under such regulations as may be prescribed by law. Goods to be valued at ports of entry. 2, 1833. § 4. And be it further enacted, That in addition to the articles Articles to be now exempted by the act of the fourteenth of July, one thousand free after Dec. eight hundred and thirty-two, and the existing laws, from the payment of duties, the following articles imported from and after the thirty-first day of December, one thousand eight hundred and thirty-three, and until the thirtieth day of June, one thousand eight hundred and forty-two, shall also be admitted to entry, free from duty, to wit: bleached and unbleached linens, table linen, linen napkins, and linen cambrics, and worsted stuff goods, shawls, and other manufactures of silk and worsted, manufactures of silk, or of which silk shall be the component material of chief value, coming from this side of the Cape of Good Hope, except sewing silk. June 30, 1842. § 5. And be it further enacted, That from and after the said Articles to be thirtieth day of June, one thousand eight hundred and forty-two, free after the following articles shall be admitted to entry, free from duty, to wit: indigo, quicksilver, sulphur, crude salt petre, grind stones, refined borax, emory, opium, tin in plates and sheets, gum Arabic, gum Senegal, lac dye, madder, madder root, nuts and berries used in dying, saffron, tumeric, woad or pastel, aloes, ambergris, Burgundy pitch, cochineal, camomile flowers, coriander seed, catsup, chalk, coculus indicus, horn plates for lanterns, ox horns, other horns and tips, India rubber, manufactured ivory, juniper berries, musk, nuts of all kinds, oil of juniper, unmanufactured rattans and reeds, tortise shell, tin foil, shellac, vegetables used principally in dying and composing dyes, weld, and all articles employed chiefly for dyeing, except alum, copperas, bichromate of potash, prussiate of potash, chromate of potash, and nitrate of lead, aqua fortis, and tartaric acids. And all imports on which VOL. IV. 31 |