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Materials 83. And be it further enacted, That so long as the public lands may be taken. in the vicinity of the said road shall remain unsold, the said com

pany shall have power to take therefrom, such materials of earth,

stone, or wood, as may be necessary for the construction of the Proviso.

said road, Provided, That the grants herein contained, as well of the use of the public lands, as of the materials for the construction of the said road, shall cease and determine, unless the road

be begun within the period of two years from the date of this act, Proviso. and completed within eight years thereafter. And provided more

over, That if the said road shall, at any time after its completion, be discontinued or abandoned by the said company, the grants hereby made, shall cease and determine. [Approved, July 2d, 1836.)

Char. 256. An act to renew the gold medal struck and presented to

general Morgan, by order of Congress, in honor of the battle of the Cowpens.

§ 1. Be it enacted, fc. That in pursuance of the request of Morgan Neville, in his memorial presented at the present session of Congress, the director of the mint, be and he is hereby, authorised and directed to cause to be struck, a gold medal of the intrinsic value of one hundred and fifty dollars, in honor of the battle of the Cowpens, which was fought on the seventeenth day of January, seventeen hundred and eighty-one, to replace the original medal presented by a resolution of the continental Congress, of March ninth, seventeen hundred and eighty-one, to Brigadier-general Daniel Morgan ; the said medal to be struck from the original die, and delivered, when executed, to the said Morgan Neville, the lineal heir of General Morgan; the expense of the same to be paid out of any money in the treasury not otherwise appropriated. [Approved, July 22, 1836.] Chap. 258. An act to provide for the better protection of the western

frontier. President to § 1. Be it enacted, fc. That the President be, and he is hereby, cause a mili. authorised to cause to be surveyed and opened, a military road, ter suroede. from some point upon the right bank of the Mississippi river, be

tween the mouth of the St. Peter's and the mouth of the Des Moines river, upon such route as may appear best calculated to effect the

purposes of this act, to Red river. To pass west 9 2. And be it further enacted, That the said road shall pass of Missouri

west of the state of Missouri and of the territory of Arkansas, and Arkansas, on conditions,

on condition that the assent of the Indian tribes who have not &c.

heretofore given their assent, through whose territory said road is to pass, shall be first obtained ; and if such assent cannot be obtained, then east of the western boundaries of said state and territory; and shall be so constructed as to enable troops to move along the same with proper facility. And the following mode of construction shall be adopted, subject to such alterations and additions as the President may, from time to time direct to be made. The timber shall be cut down to a reasonable width, and the wet and marshy places shall be causewayed or otherwise rendered passable; cheap bridges shall be erected over the smaller streams

not having good fords across them; and, where it may be found necessary, the road may be thrown up in the centre.

3. And be it further enacted, That the military post shall be Military posts constructed at such place along the said road as in the opinion of ti be estabthe President, may be most proper for the protection of the frontier, and for the preservation of the necessary communication.

§ 4. And be it further enacted, That the troops of the United Troops U. s. States shall be employed in performing the labor herein required, may be em. whenever, in the opinion of the President, the same can be done labor, &c. with a just regard to their other duties; and the other labor rendered necessary shall be procured in such manner as the President may direct.

§ 5. And be it further enacted, That the sum of one hundred $100,000. thousand dollars shall be, and the same is hereby, appropriated, to be applied towards the accomplishment of the objects specified by this act. [Approved, July 2d, 1836.]

Chap. 260. An act to extend the charters of certain Banks in the

District of Columbia, and for other purposes. § 1. Be it enacted, foc. That the charters of the several banks Charters exherein enumerated, namely; the Union Bank, and Farmers and tended to

July 4, 1838. Mechanics Bank of Georgetown; the Bank of the Metropolis, Patriotic Bank of Washington, and Bank of Washington, in the city of Washington; and the Farmers Bank of Alexandria, and Bank of Potomac, in the town of Alexandria, be, and the same are hereby extended till the fourth day of July, eighteen hundred and thirty-eight. (Approved, July 20, 1836.]

CHAP. 261. An act regulating the terms of the superior courts of the

middle district of Florida, and for other purposes. § 1. Be it enacted, f-c. That an act entitled " Anact to alter and Act of terrichange the terms of the superior court for the middle district of torial legislaFlorida,” passed by the governor and legislative council of said Feb. 1836, apterritory, and approved February twelfth, eighteen hundred and proved. thirty-six, be, and the same is hereby, approved, so far as it does not interfere with the terms of the court directed to be holden in the county of Franklin, which has been annexed to the said middle district.

§ 2. And be it further enacted, That if, in any prosecution for Trials may be piracy, or any other criminal offence against the laws of the Uni- removed from ted States, or of the territory of Florida, it shall be found imprac- to the eastern ticable to obtain a sufficient number of jurors for the trial of any or middle disperson or persons charged with said criminal offences in the south-trict. ern judicial district of Florida, it shall be lawful for the judge to send said person or persons, with the indictment and other papers, to the eastern or middle district for trial, and to take recognizances from the witnesses to appear in the said eastern or middle district, in the same manner as he is empowered by law to do, in the district of which he is the judge.

§ 3. And be it further enacted, That an act to amend the act Acts relating entitled "An act incorporating the town of Appalachicola," ap- to Appalachi . proved twelfth of February, eighteen hundred and thirty-six, and

Franklin

“ An act to change the county seat of the county of Franklin," couuty, an. nulled.

passed January fourteenth, and approved January seventeenth, eighteen hundred and thirty-six, be, and the same are hereby, an

nulled. Acts respect

4. And be it further enacted, That so much of the act of the ing a superior legislative council as directs a superior court for the southern court, annul. Jed. judicial district at Indian Key be, and the same is hereby, annul

led. [Approved, July 2d, 1836.]

CHAP. 262. An act for laying off the towns of Fort Madison and

Burlington, in the county of Des Moines, and the towns of Belleview, Du Buque, and Peru, in the county of Du Buque, territory of Wisconsin, and for other purposes.

$1. Be it enacted, fc. That the tracts of land in the territory of 'Wisconsin including the towns of Fort Madison and Burlington, in the county of Des Moines; Belleview, Du Buque, and Peru, in the county of Du Buque; and Peru, in the county of Du Buque ; and Mineral Point, in the county of Iowa, shall, under the direction of the surveyor general of the public lands, be laid off into town lots, streets, avenues, and the lots for public use called the public squares, and into out-lots having regard to the lots and streets already surveyed, in such manner and of such dimensions as he may think proper for the public good and the

equitable rights of the settlers and occupants of the said towns: Proviso. Provided, That tracts of land so to be laid off into towns lots,

&c. shall not exceed the quantity of one entire section, nor the town-lots one-half of an acre ; nor shall the out-lots exceed the quantity of four acres each. When the survey of the lots shall be completed, a plat thereof shall be returned to the secretary of the treasury, and within six months thereafter the lots shall be offered to the highest bidder, at public sale, under the direction of

the President of the United States, and at such other times as he Proviso.

shall think proper; Provided, That no town-lot shall be sold for a sum less than five dollars; And provided further, That a quantity of land of proper width, on the river banks, at the towns of Fort Madison, Belleview, Burlington, Du Buque, and Peru, and running with the said rivers the whole length of said towns, shall be reserved from sale, (as shall also the public squares,) for public use, and remain forever for public use, as public highways, and for

other public uses. Surveyor to § 2. And be it further enacted, That it shall be the duty of the clase the lots, said surveyor to class the lots already surveyed in the said towns

of Fort Madison, Burlington, Belleview, Du Buque, Peru, and Mineral Point, into three classes, according to the relative value thereof, on account of situation and eligibility for business, without regard however to the improvements made thereon; and previous to the sale of said lots as aforesaid, each and every person or persons, or his, her, or their legal representatives, who shall heretofore have obtained from the agent of the United States a permit to occupy any lot or lots in the said towns, or who shall have, by building or enclosure, actually occupied or improved any lot or lots in the said towns, or within the tracts of land hereby

authorised to be laid off into lots, shall be permitted to purchase
such lot or lots by paying therefor, in cash, if the same fall within
the first class as aforesaid, at the rate of forty dollars per acre;
if within the second class, at the rate of twenty dollars per acre;
and if within the third class, at the rate of ten dollars per acre ; Proviso.
Provided, That no one of the persons aforesaid shall be permitted
to purchase, by authority of this section, more than one acre of
ground, to embrace improvements already made.

§ 3. And be it further enacted, That the sum of three thousand $3,000 for sur. dollars be, and the same is hereby, appropriated, to be paid out veying. of any money in the treasury not otherwise appropriated, to defray_ the expenses of surveying the lands covering the said towns of Fort Madison, Burlington, Belleview, Du Buque, Peru, and Mineral Point. [Approved, July 2d, 1836.] Chap. 266. An act to confirm the sales of public lands in certain cases.

§ 1. Be it enacted, f.c. That in all cases where public lands, taken from the bounds of a former land district, and included within the bounds of a new district, have been sold by the officers of such former district, under the pre-emption laws or otherwise, at any time prior to the opening of the land office in such new district, and in which the commissioner of the general land office shall be satisfied that the proceedings in other respects have been fair and regular, such entries and sales such be, and are hereby, confirmed ; and patents shall be issued thereupon, as in all other

cases.

§ 2. And be it further enacted, That in all cases where any entry has been made under the pre-emption laws, pursuant to instructions sent to the register and receiver from the treasury department, and the proceedings have been in all other respects fair and regular, such entries and sales are hereby confirmed; and patents shall be issued thereon, as in other cases. (Approved, July 2, 1836.]

Char. 269. An act to amend an act entitled “An act authorising the Act of 1829,

laying off a town on Bean river, in the state of Illinois, and for other c 176, ante p. purposes," approved fifth February, eighteen hundred and twenty- 2163. nine.

$1. Be it enacted, f.c. That all acts and duties required to be Board of comdone and performed by the surveyor of the states of Illinois and missioners. Missouri, and the territory of Arkansas, under the act to which this is an amendment, shall be done and performed by a board of commissioners of three in number, any two of whom shall form a quorum to do business; said commissioners to be appointed by the President of the United States, and shall, previous to their entering upon the discharge of their duties, take an oath or affirmation to perform the same faithfully and impartially.

§ 2. And be it further enacted, that the said commissioners Power of comshall also have power to hear evidence and determine all claims missioners. to lots of ground arising under the act to which this is an amendment, and for this purpose the said commissioners are authorised to administer all oaths that may be necessary, and reduce to writing all the evidence in support of claims to pre-emption presented

for their consideration; and when all the testimony shall have been heard and considered, the said commissioners shall file with the register and receiver of the land office at Galena, the testimony in each case, together with a certificate in favor of each person having the right of pre-emption; and upon making payment to the receiver at Galena, for the lot or lots to which such pers is entitled, the receiver shall grant a receipt therefor, and issue certificates of purchase, to be transmitted to the general land office,

as in other cases of the sale of public lands. Duties of re § 3. And be it further enacted, That the register and receiver gister and re- at Galena, after the board of commissioners have heard and deceiver.

termined all the cases of pre-emption under the act to which this is an amendment, shall expose the residue of lots to public sale to the highest bidder, after advertising the same in three public newspapers at least six weeks prior to the day of sale, in the same manner as is provided for the sale of the public lands in other cases; and after paying to the commissioners the compensation hereinafter allowed them, and all the other expenses incident to the said survey and sale, the receiver of the land office shall pay over the residue of the money he may have received from the sale of lots aforesaid, by pre-emption as well as at public auction, into the hands of the county commissioners of Jo Daviess county, to be expended by them in the erection of public buildings, and the construction of suitable wharves in the town of

Galena. Commission § 4. And be it further enacted, That the commissioners apers to be paid pointed to carry this act into effect, shall be paid by the receiver by receiver.

six dollars each, per day, for their services, for every day they are necessarily employed. [Approved, July 2d, 1836.]

Chap. 270. An act to change the organization of the Post office

Department, and to provide more effectually for the settlement of

the accounts thereof. Revenues to

$ 1. Be it enacted, fc. That the revenues arising in the post be paid into office department, and all debts due to the same, shall, when colthe treasury. lected, be paid, under the direction of the postmaster general,

into the treasury of the United States. Postmaster § 2. And be it further enacted, That the postmaster general General to shall submit to Congress at the next, and each succeeding annual submit esti

session, specific estimates of the sums of money expected to be mates, &c.

required for the service of the department in the subsequent year, commencing on the first day of July, under the following heads, viz: “Compensation of Postmaster," " Transportation of the mails,” “Ship, steam-boat, and way letters,” “Wrapping paper," “Office furniture,” “Advertising,” • Mail bags,” “Blanks," "Mail locks, keys, and stamps,” “ depredations and special agents," “Clerks, for offices,” and “Miscellaneous.” And the postmaster general shall render an account to Congress, at each succeeding annual session, of the amounts actually expended for each of the

purposes above specified. Appropriation

3. And be it further enacted, That the aggregate sum remade from re- quired “for the service of the post office department,” in each P. 10. Depart. year, shall be appropriated by law out of the revenue of the

ment.

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