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Payment for

horses, mules, wagons, &c.

Claims to be adjusted by

third auditor,

under rules

prescribed by secretary of

war, &c.

§3. And be it further enacted, That any person who sustained or shall sustain damage by the loss, capture, or destruction by an enemy, of any horse, mule or wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person who, without any such fault or negligence, sustained or shall sustain damage by the death or abandonment and loss of any such horse, mule, or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, shall be allowed and paid the value thereof.

§ 4. And be it further enacted, That the claims provided for under this act shall be adjusted by the third auditor, under such rules as shall be prescribed by the secretary of war, under the direction or with the assent of the President of the United States; as well in regard to the receipt of applications of claimants, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as, in the opinion of the President, shall be best calculated to obtain the object of this act, paying a due regard, as well to the claims of individual justice as to the interests of the United States, which Rules, &c. to rules and regulations shall be published for four weeks in such be published. newspapers in which the laws of the United States are published, as the secretary of war shall direct.

Entry of all

to be made;

claimants to be paid on producing certified co

§ 5. And be it further enacted, That in all adjudications of said adjudications auditor upon the claims above mentioned, whether such judgment be in favour of, or adverse to, the claim shall be entered in a book provided by him for that purpose, and under his direction; and when such judgment shall be in favour of such claim, the pies thereof. claimant, or his legal representative, shall be entitled to the amount thereof upon the production of a copy thereof certified by said auditor at the treasury of the United States.

Payment for losses by minors to be

made to pa

dians.

§ 6. And be it further enacted, That in all instances where any minor has been, or shall be, engaged in the military service of the United States, and was or shall be provided with a horse rents or guar- or equipments, or with military accoutrements, by his parent or guardian, and has died or shall die without paying for said property, and the same has been or shall be lost, captured, destroyed, or abandoned in the manner before mentioned, said parent or guardian shall be allowed pay therefor on making satisfactory proof as in other cases, and the further proof that he is entitled thereto by having furnished the same.

Persons other than minors

to be paid for property risk. ed by them which has

been lost.

§ 7. And be it further enacted, That in all instances where any person other than a minor, has been or shall be engaged in the military service aforesaid, and has been or shall be provided with a horse or equipments, or with military accoutrements by any person, the owner thereof, who has risked or shall take the risk of such horse, equipments or military accoutrements on himself, and the same has been or shall be lost, captured, destroyed, or abandoned in the manner before mentioned, such owner shall be

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allowed pay therefor, on making satisfactory proof as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself.

§8. And be it further enacted, That the act passed on the Acts of 19th nineteenth of February, eighteen hundred and thirty-three, entitled February, 1833, & 30th "An act for the payment of horses and arms lost in the military June, 1834, service of the United States against the Indians on the frontier of repealed. Illinois and Michigan Territory," and an act passed on the thir- Act of 1833, c. 332, ante p. tieth of June, eighteen hundred and thirty-four, entitled "An act 2336. to provide for the payment of claims for property lost, captured Act of 1834, or destroyed by the enemy, while in the military service of the c. 153, ante United States, during the late war with the Indians on the fron- P, 2391, tier of Illinois and Michigan territory," be, and the same are hereby, repealed.

§ 9. And be it further enacted, That this act shall be and re- Limitation of main in force until the close of the next session of Congress. act. [Approved, January 18th, 1837,]

CHAP. 373. An act to admit the State of Michigan into the Union, upon an equal footing with the original States.

2442.

Whereas, in pursuance of the act of Congress of June the fifteenth, Act of 1836, eighteen hundred and thirty-six, entitled "An act to establish c. 99, ante pe the northern boundary of the state of Ohio, and to provide for the admission of the state of Michigan into the Union upon the conditions therein expressed," a convention of delegates, elected by the people of the said state of Michigan, for the sole pur pose of giving their assent to the boundaries of the said state of Michigan as described, declared, and established, in and by the said act, did, on the fifteenth of December, eighteen hundred and thirty-six, assent to the provisions of said act, therefore:

§ 1. Be it enacted, &c, That the state of Michigan shall be one, Admitted into and is hereby declared to be one, of the United States of America, the Union. and admitted into the Union on an equal footing with the original states, in all respects whatever.

§ 2. And be it further enacted, That the secretary of the trea- Entitled to a sury, in carrying into effect the thirteenth and fourteenth sections deposite of the surplus of the act of the twenty-third of June, eighteen hundred and thir- revenue. ty-six, entitled "An, act to regulate the deposites of the public Act of 1836, money," shall consider the state of Michigan as being one of the C. 115, ante p. United States. [Approved, January 26th, 1837.]

СНАР. 376. An act to authorise certain rail road companies to construct rail roads through the public lands in the territory of Florida.

2445.

pany authori

§ 1. Be it enacted, &c. That the East Florida rail-road com- East Florida pany, a corporation established by an act of the governor and rail-road comlegislative council of the territory of Florida, approved the four-sed to locate teenth of February, anno Domini eighteen hundred and thirty-five, and construct be, and they hereby are, authorised to locate and construct a rail- a rail-road, commencing road on the following route, to wit: commencing on the St. John's on the St. river and thence in the most convenient and suitable direction to John's river, Tallahassee or the waters of St. Mark's river or bay, on the Gulf &c. of Mexico, or to any other point east of or between the St. Mark's

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May pass over the pub

lic lands.

Timber, &c.

and Appalachicola rivers, which may be selected by said com

pany.

§2. And be it further enacted, That the said company is further authorised, wherever said route shall pass over the public lands of the United States, to locate the same thereon, eighty feet wide; which said location, if made according to the true intent and meaning of this act, shall be enjoyed by said company so long as they maintain the said road for the public accommodation.

§3. And be it further enacted, That the said company shall may be used. have the right to take from the said public lands, timber, stone, and earth, whenever it may be convenient for the construction of any part of said way running through the same; also to deposite and leave such materials upon such lands, whenever it may be necessary; also, to cut drains, where necessary, through the same; and during the period of the construction of said way, to occupy said lands along said route, doing as little injury thereto as may be.

Conditions to

be complied

§ 4. And be it further enacted, That to entitle the said comwith by said pany to the enjoyment of the privileges herein provided for, they shall comply with the following conditions, to wit:

company.

Public lands

to be reserved by the U.S.

&c.

First, They shall cause the said route, whenever it passes over the public lands, to be surveyed, and the location of the way to be accurately delineated in their proper connexion, and a map thereof, and a copy of the locations, to be returned and deposited, in the general land office, within six months from the date of the final location of the said road.

Second, They shall cause permanent monuments to be erected along said route, conforming to such locations and maps, defining the limits of the way.

Third, Wherever the said rail-way shall intersect a highway or travelled way on the public lands, that way or ways shall be left unobstructed.

Fourth, Wherever it shall cross a stream or low grounds, such provision shall be made for draining off the water as to leave the said public lands uninjured by said rail-way.

Fifth, They shall complete the said way within the time provided for in the act of incorporation.

Sixth, Said location of said way shall be considered and treated as open way, and be kept up as such, and the lands abutting thereon shall be considered as abutting upon a public way.

5. And be it further enacted, That the sections and quarter sections of public lands over which the said road may pass, shall be reserved by the United States for two years after the final location of the said way; and to this end the said company shall, as soon as they have resolved to survey or examine any route, give Notice to be notice to the register of the land district in which the lands may given by the be over which they intend to pass; and when the final location routes to be is made, a further notice of that fact shall he given, in like mansurveyed, &c. ner, of the lands over which it actually passes, which said last mentioned lands shall be reserved as aforesaid from sale: Provided, That neither the said company nor any other person shall be authorised to settle on the said reserved sections or quarter sections; and no person so settling shall acquire thereby a pre-emp

company of

Proviso.

tive right or claim to the said reserved lands, or to any part thereof; and if said company shall fail to give prompt and seasonable notice in both the above cases, they shall forfeit their privileges under this act.

&c. extended.

§ 6. And be it further enacted, That the time for making the Time for masurveys and commencing the work, as prescribed in the said act king surveys, of incorporation, be, and the same is hereby, extended for one year after the passage of this act.

&c. may pro

§ 7. And be it further enacted, That it shall be lawful for the Governor, governor and legislative council of the said territory, or for the vide by law legislature of the state of Florida hereafter, to provide by law for for the conthe construction of rail-roads from the Appalachicola river, or struction of from any other point, to cross or intersect the above mentioned rail-roads to rail-road, from the Georgia state line to the Gulf of Mexico.

cross or inter

sect, &c.

§ 8. And be it further enacted, That the said East Florida rail- E. F. rail-road road company be, and they are hereby authorised to cross the co. may cross rail-road proposed to be made at any point between Tallahassee proposed rail

and St. Mark's.

road, at, &c.

§ 9. And be it further enacted, That the territory or state of Florida may Florida shall, at the end of twenty years, have the privilege of take stock. taking one-fourth of the stock at par, by paying to the company

the interest on the investment.

§ 10. And be it further enacted, That all acts or parts of acts Acts repealed." of the legislative council of the territory of Florida, inconsistent with the foregoing provisions, be, and the same are hereby

annulled.

rail-road com

pany may

&c.

§ 11. And be it further enacted, That the Pensacola and Perdido Pensacola rail-road company, organised under acts of the governor and and Perdido legislative council of the territory of Florida, and of the state of Alabama, be, and they are hereby, authorised to make a rail-road make railfrom Pensacola to the waters of Mobile bay or river; and also, roads, from, that the Brunswick and Florida rail-road company incorporated Brunswick by an act of the legislature of Georgia, be, and they are hereby, and Florida authorised to extend their rail-road from the Georgia line to the rail-road co. city of Tallahassee, and thence to the river Appalachicola, or St. extend George's sound, upon the same conditions and limitations con- from, &c. tained in the foregoing provisions of this act.

may

their rail-road

§12. And be it further enacted, That the Lake Winnico and Lake Winni St. Joseph's canal and rail-road company, organised under acts of "o and St Joseph's canal the governor and legislative council of the territory of Florida, and rail-road be, and they are hereby authorised to locate and construct a rail- company may road from the city of St. Joseph to the city of Tallahassee, in construct rail. said territory, upon the same conditions and limitations contained Joseph to in the foregoing provisions of this act; and in the construction of Tallahassee. said road, may cross, or intersect, and form a junction with, any other rail road which may be made west of the city of Tallahassee. [Approved, January 31st, 1837.]

CHAP. 380. An act to extend the limits of the port of New Orleans.

road from St.

§ 1. Be it enacted, &c. That from and after the passage of Limtis. this act the port of New Orleans shall extend, on the river, from the lower to the upper corporate limits of the municipalities of the city of New Orleans. [Approved, February 9th, 1837.]

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Name of dis

trict changed;
made port of
entry for ves-
sels from

Cape of Good
Hope, &c.

Act of 1835,

c. 312, ante p. 2415.

Officers of

branch mints
at N. Orleans,

Charlotte and
Dahlonega.

Their sala. ries.

Part of act 3d

CHAP. 381. At act to change the name of the Collection District of Dighton, in the state of Massachusetts, to Fall river, and for other purposes.

§ 1. Be it enacted, &c. That from and after the first day of April next, the said district now known and called by the name of the Dighton district, shall be called the district of Fall river, and as such shall be made a port of entry for vessels arriving from the Cape of Good Hope, and from places beyond the same, any law now in force to the contrary notwithstanding. [Approved, February 13th, 1837.]

CHAP. 382. An act to amend an act, entitled "An act to establish branches of the mint of the United States," passed the third day of March, one thousand eight hundred and thirty-five.

§ 1. Be it enacted, &c. That the officers of the branch mint at New Orleans shall be one superintendent, one treasurer, one assayer, one melter and refiner, and one coiner; and that the officers of the branch mints at Charlotte and Dahlonega, severally, shall be one superintendent, who shall also perform the duties of treasurer; one assayer, who shall also perform the duties of melter and refiner; and one coiner; and the annual salaries of the said officers shall be as follows: for the branch at New Orleans, to the superintendent, two thousand five hundred dollars; to the treasurer, the assayer, the melter and refiner, and the coiner, each, two thousand dollars; for the branches at Charlotte and at Dahlonega, to the superintendent, two thousand dollars; and to the assayer and the coiner, each, fifteen hundred dollars.

§ 2. And be it further enacted, That, so much of the act entitled March, 183 5, An act to establish branches of the mint of the United States," repealed. approved the third day of March, one thousand eight hundred and thirty-five, as is inconsistent with the provisions of this act, be, and the same is hereby repealed. [Approved, February 13th, 1837.]

Certain provi soes of act of

1832, sus

CHAP. 383. An act to suspend certain provisoes of "An act to alter and amend the several acts imposing duties on imports," approved the fourteenth day of July, eighteen hundred and thirty-two.

§1. Be it enacted, &c. That the provisoes of the tenth and 14th of July, twelfth clauses of the second section of the act to alter and amend the several acts imposing duties on imports, passed July the fourteenth, eighteen hundred and thirty-two, be, and the same are hereby, suspended until the close of the next session of Congress. [Approved, March 1st, 1837.]

pended.

Act of 1832,

c. 224, ante 2317.

To have the

p.

tion and pow

er as the sev

СНАР. 384.

An act to extend the jurisdiction of the District Court of the United States for the district of Arkansas.

1. Be it enacted, &c. That the district court of the United same jurisdic States for the district of Arkansas shall have the same jurisdiction and power in all respects whatever that was given to the several district courts of the United States by an act of Congress approved March thirtieth, eighteen hundred and two, entitled "An act to regulate trade and intercourse with the Indian tribes, and

eral district

courts, U. S. Act of 1802, c. 13, vol. 2, p. 838.

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