firmed or adjudged to any individual or individuals, shall, by this section, be granted to said state: And provided, also, That the Proviso. general assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress. sold, to be ap Fifth. That five per cent. of the net proceeds of the sales of all Per centage public lands lying within the said state, which have been or shall upon lands be sold by Congress, from and after the first day of July, eighteen plied to roads hundred and thirty-six, after deducting all the expenses incident to and canals. the same, shall be appropriated, for making public roads and canals within the said state, as the legislature may direct: Provided, That the five foregoing propositions herein offered, are on the condition that the legislature of the said state, by virtue of the powers conferred upon it by the convention which framed the constitution of the said state, shall provide, by an ordinance irrevocable without the consent of the United States, that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, whilst they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the state, whether for state, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively. [Approved, June 23d, 1836.] CHAP. 172. An act to provide for the paying of certain pensioners of the United States, at Pulaski, in the state of Tennessee. tablish an agency at § 1. Be it enacted, &c. That the secretary of war be, and he is Secretary of hereby authorised and required to establish a pension agency at war may esPulaski, in the state of Tennessee, for the payment of all pensioners of the United States, resident in the counties of Lincoln, Giles, Pulaski. Lawrence, and Wayne, in said state; Provided, That the estab- Proviso. lishment of such agency can be made without any charge to the United States. § 2, And be it further enacted, That the secretary of the treasury be, and hereby is authorised to make the necessary arrange ment for the payment of said pensioners. §3. And be it further enacted, That this act shall take effect To take effect from and after the first day of August next. [Approved, June 28, 1st of August. 1836.] CHAP. 231. An act to disapprove and annul certain acts of the Terri torial Legislature of Florida, and for other purposes. § 1. Be it enacted, &c. That no act of the territorial legisla- Territorial ture of any of the territories of the United States, incorporating legislature any bank or any institution with banking powers or privileges, not to grant banking pri hereafter to be passed, shall have any force or effect whatever, vileges until, until approved and confirmed by Congress. &c. Acts of legis. § 2. And be it further enacted, That the following acts of lature of Flo- the territorial legislature of Florida, namely: an act entitled "an rida annulled. act to incorporate the Bank of St. Joseph," passed February twelfth, eighteen hundred and thirty-six; an act entitled "an act to incorporate the Florida Insurance and Banking Company," passed February tenth, eighteen hundred and thirty-six: an act passed February fourteenth, eighteen hundred and thirty-six, entitled "an act to incorporate the St. Joseph Insurance Company," and all other acts and parts of acts, passed by the said territorial legislature of Florida, in the year eighteen hundred and thirtysix, creating banks or extending banking corporations, or corporations with banking powers, or conferring banking powers on any corporation or institution whatever, be, and the same hereby are disapproved and annulled. [Approved, July 1, 1836.] Courts to be held on the first Mondays of April and September. Act of 1832, 2332. CHAP. 232. An act to change the time of holding the district court of the United States for the western district of Virginia, holden at Clarksburg. § 1. Be it enacted, &c. That from and after the first day of August next, the sessions of the district court of the United States for the western district of Virginia, required by law to be holden at Clarksburg, shall be held on the first Mondays of April and September annually. [Approved, July 1, 1836.] CHAP. 233. An act explanatory of an act entitled "an act to release from duty, iron prepared for, and actually laid on, railways and inclined planes." § 1. And be it enacted, &c. That the act of the fourteenth of c. 247, ante p. July, eighteen hundred and thirty-two, entitled "an act to release. from duty, iron prepared for, and actually laid on, railways and inclined planes," shall not be so construed so as to include spikes, pins, or chains, as railroad iron. [Approved, July 1, 1836.] Laws of U. S. in force. District court, &c. CHAP. 234. An act to provide for the due execution of the laws of the United States within the State of Michigan. §1. Be it enacted, &c. That the laws of the United States which are not locally inapplicable, shall have the same force and effect within the state of Michigan, as elsewhere within the United States. § 2. And be it further enacted, That the said state shall be one district, and be called the district of Michigan; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at the seat of government of the said state, two sessions of the said district court annually on the first Mondays in May and October; and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district under an act entitled "an act to establish c. 20, vol. 1, the judicial courts of the United States." He shall appoint a clerk for the said district, who shall reside and keep the records of the said court at the place of holding the same, and shall Act of 1789, P. 53. receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is by law entitled for similar services. § 3. And be it further enacted, That there shall be allowed to $1,500, salary the judge of the said district court, the annual compensation of to be paid the fifteen hundred dollars, to commence from the date of his appointjudge. ment, to be paid quarterly at the treasury of the United States. § 4. And be it further enacted, That there shall be appointed Attorney. in the said district, a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid annually by the United States, two hundred dollars, as a full compensation for all extra services; the said payment to be made quarter-yearly at the treasury of the United States. Proviso. § 5. And be it further enacted, That a marshal shall be ap- Marshal. pointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees as are prescribed and allowed to marshals in other districts, and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services: Provided, however, That this act shall not take effect until the state of Michigan shall be admitted into the union, according to the provisions of the act entitled "an act to establish the Act of 1836, northern boundary line of the state of Ohio, and to provide for c. 99, ante p. the admission of the state of Michigan into the union on certain conditions." [Approved, July 1, 1836.] CHAP. 248. An act authorising the Winnisimmet Company to lay out and make a way on lands of the United States, in Chelsea, in the state of Massachusetts. 2442. § 1. Be it enacted, &c. That the Winnisimmet company in the commonwealth of Massachusetts be, and they hereby are, authorised and empowered to lay out and make a way or street over lands of the United States situated in Chelsea, in said commonwealth, in front of the United States marine hospital; said way or street to be in continuation of the marginal street of said company: Provided, That said way shall not exceed fifty feet in width, Proviso. and shall be so constructed, under the supervision of the collector for the district of Boston and Charlestown, as not to injure or prejudice the upland or wharf belonging to said hospital. [Approved, July 1, 1836.] CHAP. 249. An act to authorise the Shenandoah Bridge Company, at Harper's Ferry, to erect a bridge on the lands of the United States, at or near the town of Harper's Ferry. § Be it enacted, &c. That the Shenandoah bridge company, at Harper's Ferry, be, and they are hereby, authorized to erect a bridge across the river Shenandoah, on the lands belonging to the United States, at or near the town of Harper's Ferry, and to connect the same, by a sufficient road or passway through the said lands, with the road on the east side of the said river, and the main street of the said town; Provided, That in the construc- Proviso. tion of the said bridge, and the road or passway to and from it, the said company shall not, in virtue of this act, interfere with the May crect a toll-house. Proviso. May appoint an agent to prosecute the claim. Agent to give bonds. rights, or privileges of any individuals or existing corporation: And provided, also, That the location of the said bridge upon the public lands aforesaid, shall be submitted to and approved by the secretary of war, prior to the erection thereof. § 2. And be it further enacted, That on the said terms and conditions the said Shenandoah bridge company shall be, and they are hereby, empowered to erect a toll-house adjacent to the said bridge on the lands aforesaid of the United States; Provided, That should the said bridge never be constructed, or having been constructed, shall be abandoned, by the said company, the rights vested therein, by this act, shall cease and determine. [Approved, July 1, 1836.] CHAP. 252. An act to authorise and enable the President to assert and prosecute with effect, the claim of the United States to the legacy bequeathed to them by James Smithson, late of London, deceased, to found, at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men. § 1. Be it enacted, &c. That the President of the United States be, and he is hereby, authorised to constitute and appoint an agent or agents, to assert and prosecute for and in behalf of the United States, and in their name, or otherwise, as may be advisable, in the court of chancery, or other proper tribunal of England, the right of the United States to the legacy bequeathed to them by the last will and testament of James Smithson, late of London, deceased, for the purpose of founding at Washington, under the the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men: and to empower such agent or agents, so appointed, to receive and grant acquittances for all such sum or sums of money, or other funds, as may or shall be decreed or adjudged to the United States, for, or on account of, said legacy. § 2. And be it further enacted, That the said agent or agents shall, before receiving any part of the said legacy, give a bond or bonds, in the penal sum of five hundred thousand dollars, to the treasurer of the United States, and his successors in office, with good and sufficient securities to the satisfaction of the secretary of the treasury, for the faithful performance of the duties of the said agency, and for the faithful remittance to the treasurer of the United States, of all and every sum or sums of money, or other funds, which he or they may receive, for payment in whole or in part of the said legacy. And the treasurer of the United States is hereby authorised and required to keep safely all sums of money or other funds which may be received by him in virtue of the said bequest, and to account therefor separately from all other accounts of his office, and subject to such further disposal thereof as may be hereafter provided by Congress. § 3. And be it further enacted, That any and all sums of money, and other funds, which shall be received for, or on account of, the said legacy, shall be applied in such manner as Congress may hereafter direct, to the purpose of founding and endowing, at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men ; to which application of the said moneys, and other funds, the faith of the United States is hereby pledged. § 4. And be it further enacted, That, to the end that the claim $10,000 to deto said bequest may be prosecuted with effect, and the necessary fray the exexpenses in prosecuting the same be defrayed, the President of penses. the United States be and he is hereby, authorised to apply to that purpose, any sum not exceeding ten thousand dollars, out of any moneys in the treasury not otherwise appropriated. [Approved, July 1, 1836.] CHAP. 253. An act to regulate the compensation of certain officers of revenue cutters. § 1. Be it enacted, &c. That in lieu of pay, rations, and all other allowances now authorised by law to the captains and first, second, and third lieutenants of the revenue cutters of the United States, there shall be allowed and paid, quarterly, from and after the passage of this act, to each captain, at the rate of twelve hundred dollars per annum; to each first lieutenant, at the rate of nine hundred and sixty dollars per annum; to each second lieutenant, at the rate of eight hundred and sixty dollars per annum; to each third lieutenant, at the rate of seven hundred and ninety dollars per annum. [Approved, July 1, 1836.] CHAP. 255. An act to grant to the New Orleans and Nashville Rail- § 1. Be it enacted, &c. That there be, and is hereby granted to the &c. § 2. And be it further enacted, That for such depots, watering Land for places, and workshops, as may be essential to the convenient use workshops, of the said road; there shall be also granted to the said company, such portions of the public land, as they may, under like restrictions and conditions, select, on either side of the said road. Pro- Proviso. vided, That not more than five acres, to be laid off in a square form, shall be selected for such use or purpose, at any one place; Provided also, That not more than one such square shall be grant- Proviso. ed for every fifteen miles of the said road lying within the public land; And provided moreover, That such selections, shall be ap- Proviso. proved by the secretary of the treasury for the time being. |