Theuniocatod land shall be offered for sale to the highest bidder, under the diforedfo^ai"!* rection of the register of the land office and of the receiver of at Chiiiicothe, public moneys for the said district, at Chillicothe, on such day as a^'hepresi- shall, by proclamation of the president of the United States, be dent, by pro- designated for that purpose; the sale shall remain open six days, may di're'ci; at and no longer; the lands shall not be sold for less than two dol2°doUsS'tr" 'ars an acre' anc^ sna"> m everv other respect, be sold in tracts acre, &c!r of the same size, and on the same terms and conditions, as have Land remain- been, or may be, provided for lands in the said district. All the ing unsold at gajj un|0cated land remaining unsold at the close of the public

pubhc,may be . . . r » 1 i i . . /• . I

disposed of at sales, may be disposed of at private sale by the register ot the private sale. sajj ]an(j 0fflCG) jn the same manner, under the same regulations, for the same price, and on the same terms, as are, or may be, proPatents as for vided by law for the sale of lands in the said district; -and paUnds mule tents shall be obtained in the same manner, and on the same district terms, as for other public lands in the said district. 4 dolls, to su- $ 2. That the superintendents of the public sales directed by Fuer"eachddaj*s this ac,> snall> eacn> receive four dollars a day for each day's atattendance on tendance on the said sales. [Approved, April 29, 1816.]

the sales.

Obsolete. Chip. 154. An act supplemental to the act, entitled "An act regulating and defining the duVol. ii. p. 1521. lies of ihe judges of the territory of Illinois," and for vesting in the courts of the territory of Indiana a jurisdiction in chancery cases arising in the said territory.

2imnoisntobo § I- Be it enacted, <$-c. That, when a new county shall beesattached to tablished in the territory of Illinois, by the legislature thereof, rireui^&c! sucn new county s'iaH be attached to the judicial circuit from Circuit courts which the largest portion thereof is taken; and it shall be the iti^ewraun- duty °f tne judges allotted to such circuit, in pursuance of the tics twice a act to which this is a supplement, to hold courts in such new year, &c. county twice in each year, at such time and place as the legislature of the territory may designate. ^nabie^0 ®* That when any judge in the said territory shall be unable hold thecourts to hold the courts within the circuit to which he is allotted, by inthe circuit reason of any disability, it shall be the duty of the judge allotted

allotted, the . . * '* , , .' . 1 °. . .

judge allotted to the circuit nearest thereto to hold the courts in such circuit, to the circuit untji the disability of the judge allotted to the circuit shall be

nearest is to J r t t % r ■ i

hold them,un- removed, or, (in case of the death or resignation of a judge,) unlitVis'renfovI lil a successor is appointed.

cd,&c. <§. 3. That the judge of any circuit within the said territory

Thejudgeof a shall have power to appoint a clerk to each court within his powaradto court, [circuit,] and to fill any vacancy occasioned by the death appoint a or resignation of the clerk. , clerk, &.c ^ ^ 'i'nat when any person charged with felony shall be comMwn"aB milled to prison in any county within the territory aforesaid, it te«n commit, shall be lawful for the governor of the territory to issue his writ, fOTfdonyfihe directed to the judge allotted to the circuit including the county governor of where such accused person may be committed, commanding him may L"uo°riui to hold a court of oyer and terminer, for the trial of the accused;

rna'n'dComu c anc^ s^a" De l'ie ^utv °^ juc*Se to whom such writ is dijudgo'tohoid rected, to hold the court at the courthouse of the county at such a court. time as may be specified in such writ; and all process issued, or reuuned u)1** Proceedings had, before the writ shall be issued, shall be returned such court, to the said court of oyer and terminer, .

$ 5. That this act, and the act to which this is supplemental, shall be and remain in force until the end of the next session of UUi^ the legislature of the said territory, and no longer; and the le- ^'""legislature of the said territory shall have power and authority to luro off?iin*oi« make laws, in all cases, for the good government of the territory *nu1tJ|°rj"v^l°n aforesaid, not repugnant to the principles and articles of the or- an cases, &c. dinaces, and to organize the-courts of the said territory, and prescribe the times and places of their session.

§ 6. That the general court of the lerritoryof Indiana be, and ^,u0rlgfnIenTMJa. it is hereby, authorized and empowered to exercise chancery na authorized powers as well as a common law jurisdiction, under such regu- U'jJJ^0 lations as the legislature of said territory may prescribe. [Ap- powers. proved, April 29, 1816.]

Chap. 155. An act to alter certain parts of the act providing for the government of the Obsolete.

territory of Missouri. Vol. iii. p.


. § 1. Be it enacted, fyc. That the electors of the territory of Electors ent»Missouri, entitled to vote for members of the house of represen- fo7V>cmbc°rs tatives of the territory, at the time of electing the representa-of thehousoof lives to the general assembly, shall, in each county in said ter- [i*peTM^Jjf* ritory, elect one member of the legislative council, to serve for Vol. ii. P. two years, and no longer, qualified according to the provisions of lM2' the fifth section of the " act providing for the government of the territory of Missouri," passed June fourth, one thousand eight A majority to hundred and twelve, a majority of whom shall be a quorum, and {"*^"of"TMshall possess the same powers as are granted to the legislative cancy in the council by the said recited act: and in case of vacancy of a J^^l"^ member of the legislative council, by resignation or otherwise, the governor, fee. governor of the territory shall issue a writ to the county to elect another person to serve the residue of the term.

<§> 2. That so much of the eighth section of the said recited So much of act, as requires the general assembly of said territory to meet '}'e 8tr'.lec" .

•1 I II I I • I 1 II 110,1 °' TM IC'

once in each year, be repealed, and the said general assembly of 4th June, shall meet once in every other year, at St. Louis, and such meet- Juu.e,*Jn^e. ing shall be on the first Monday in December, unless they shall, neraiassemby law, appoint a different day: Provided, That the governor for on«°aTMear, the time being shall have authority, by proclamation, to convene repealed, and the general assembly whenever he shall deem the interest of the a^embT/'to, territory may require it. meet, &c.

§ 3. That the general assembly of the said territory shall be, The general and are hereby, authorized to require the judges of the superior "h^e^uTrecourt of the said territory to hold superior and circuit courts, to quire the iudgappoint the times and places of holding the same; and, under periorand c!rsuch rules and regulations as the general assembly may in thatcu'< courts, behalf prescribe, the circuit court shall be composed of one of jtl°lsjflctionr the said judges, and shall have jurisdiction in all criminal cases, circuit courts, and exclusive original jurisdiction in all those which are capital, f^^,'"*^ and original jurisdiction in all civil cases of the value of one to exercise hundred dollars, and the superior and circuit courts shall possess chaucery and exercise chancery powers as well as common law jurisdic- erg tion in all civil cases: Provided, That there shall be an appeal Proviso; spin matters of law and equity, in all cases, from the circuit courts J^J^Ttiie" to the superior court of the said territory. supenorcourt. Part of acts § 4. That 'such part of the said recited acts as is repugnant trhisUacC"rei° ,0> or inconsistent with, the provisions of this act, be, and the pealed. same is hereby, repealed. [Approved, April 29, 1816.] ,

Vol.ii. p.1059. Chap. 159. An act for the confirmation of certain claims to land in the western district of the state of Louisiana and in the territory of Missouri.

Sea'Tof 3d Whereas, by the eighth section of the act of third March, one March, 1807, thousand eight hundred and is required that the corrtrospecting ti- mjssj0ners for ascertaining and adjusting the titles and claims to

llos nnd claims . P i w • • i ■ t

to land in the lands in the then territories of Orleans and Louisiana, should arpTMnrf range their reports into three general classes, the second of which Louisiana. classes should contain claims which, though not embraced by the provisions of the several acts of congress, ought, nevertheless, in the opinion of the commissioners, to be confirmed, in conformity with the laws, usages, and customs, of the Spanish Class of government: And whereas the commissioners, in and for the bnicedby'acts western district of the state of Louisiana, formerly territory of buiC«1n'h!s' Or'eans> in their several reports of the sixteenth of October, one the1 Tpinlonofthousand eight hundred and twelve, fourth of December, one thecoramis- thousand eight hundred and twelve, ninth of March, one thousto be'confirm- and eight hundred and thirteen, sixth of April, one thousand ed" eight hundred and fifteen, first of May, one thousand eight hun

dred and fifteen, and fourth of May, one thousand eight hundred and fifteen, have formed this second class, recommending the claims which it embraces, for confirmation, and have designated the same by letter B, and the register of the land office and receiver of public moneys, acting as commissioners for adjusting the titles and claims to land in the said district, in their report, dated the thirtieth day of December, one thousand eight hundred VeLii p anc' fif,een> under the act giving further time for registering 1216,1360, claims to land in the western district of the territory of Orleans, 1410- passed the tenth day of March, one thousand eight hundred and twelve, the "Act giving further time for registering claims to land in the eastern and western districts of the territory of Orleans," passed the twenty-seventh day of February, one thousand eight hundred and thirteen, and the act of the twelfth day claims ar- of April, one thousand eight hundred and fourteen, have arrangclasscs, nu* ed the claims into the following classes, to wit : one, two, three, meticaiiy. four> fiVCj BjX) seven, eight, nine, ten, eleven: Therefore, cdBm&c"ark $ Be it enacted, <J-c. That the claims marked B, and deconfinned. scribed in the several classes in the above mentioned reports of the commissioners for the western district of the state ot Louisiana, formerly territory of Orleans, and recommended by them for conProviso; no firmation, be, and the same are hereby, confirmed: Provided, tM*"o'm'ore nevertheless, That under no one claim shall any person or persons than a league be entitled, under this act, to more than the quantity contained *Juare' in a league square.

Claims em- cj 2. That all claims embraced in the reports of the recorder repots or iho °f lana" titles, acting as commissioner for ascertaining and adrecorder.&c. justing the titles and claims to land in the territory of Missouri, Tillion has*de dated November first, one thousand eight hundred and fifteen, beenfavora- and February second, one thousand eight hundred and sixteen,

ble, confirmed, * °


where the decision of the said commissioner is in favor of the claimants, shall be, and the same are hereby, confirmed, to wit: confirmations of village claims under the act of congress of the thirteenth day of June, one thousand eight hundred and twelve; v<,i.a. P. grants of the late board of commissioners, appointed for ascer- ,257-iao6 taining and adjusting the titles and claims to lands in the territory of Missouri, extended by virtue of the fourth section of the act of the third of March, one thousand eight hundred and thirteen ; grants and confirmations under the several acts of congress, commencing with the act of the thirteenth day of June, one thousand eight hundred and twelve.

<§> 3. That in all cases not provided for by low for patent cer- '"0c*d'jnf°' tificates to issue, every person, and the legal representative of persons whose every person, whose claim to a tract of land is confirmed by this bee'TM^!TM. or any former act, and who has not already obtained a patent <-«i, &c. cmcertificate for the same, shall, whenever his claim shall have been fi^f", Pal located and surveyed, according to law, be entitled to receive, tent when from the register of the land office at Opelousas, in the 6tate of „„', j^"TM',. Louisiana, or from the recorder of land titles in the territory of cued, &c. Missouri, as the case may be, a certificate, stating that the claimant is entitled to a patent for such tract of land, by virtue of this act; for which certificate the officer issuing the same shall re- tirlificLe ceive one dollar; and the certificate shall entitle the party to a to the officer patent for the tract of land, which shall issue in like manner as xho' provided by law for patents to issue for lands purchased of the <=»ie to entitle United States. [Approved, April 29, 1816.] pha7„at"y 10 *

Chap. 162. An act concerning pre-emption rights, given in the purchase of lands, to certain settlers in the state of Louisiana and in the territories of Missouri and Illinois.**

<§> 1. Be it enacted, ^c. That any person, and the legal representalives of any person, entitled to a preference, in becoming fe rence, in bethe purchaser, from the United States, of a tract of land, at pri- eTMTM"^"'" vate sale, in the state of Louisiana, and in the territories of Mis- vateVaio,o'r' souri and Illinois, according to the provisions of the act, entitled 'raTcls?r.lilnd

, . . L i r • • i i r in Louisiana,

"An act giving the right of pre-emption, in the purchase of lands, Missouri and to certain settlers in the Illinois territory," passed February fifth, TMr""',*! *„",ne one thousand eight hgndred and thirteen, and the fifth section provisions of of the " Act for the final adjustment of land titles in the state of Feb.^slsfand Louisiana and territory of Missouri," passed April twelfth, one the5thsection thousand eight hundred and fourteen, who is settled on a fraction i^h^vii^ of a section or fractional quarter section, containing less than tsi-i.seitiud, one hundred and sixty acres, shall have the privilege of purchas- {he privilege, ing one or more adjoining fractional quarter sections, or the ad- feejoining quarter section, including their improvements, or the Slu'vo. fraction improved by them, at their option ; and the provisions of the said recited acts are hereby made applicable to them, so far as they are consistent with the provisions of this act. Where

$ 2. That in cases where two or more persons entitled to the moreTMcrson"r right of pre-emption, shall be settled upon one quarter or frac- ^^"'f11'^ 10 tional quarter section of land, each person shall be authorized to e'm|'itio,i,1'&<-. purchase one or more quarter sections, or fractional quarter sec- each person is

r i • • i • e ■ i I-lal authorized,

tions, of the section or fractional section of land upon winch they &,c. Vol. III. 182

Andihoioc- are so settled ; and the section or fractional section upon which tionair»ecUon such persons are settled shall be equally divided between them, upon which in such manner as the register and receiver, within whose district tie/ "bo""" the land lies, shall determine and direct, so as to secure, as far as ed^^thore~ mav ^e practicable, to every such person their improvements, £isto!\& respectively.; and where the improvement of such persons shall Where the im- De upon two or more quarter sections, such persons shall be enupmtwoor* titled to purchase the quarter sections upon which his improvcMcUoIir&c' ment sna" be" [-Approved, April 29, 1816.]

y°j-P- Chap. 163. An act declaring tho consent of congress to arts of the state of South Carolina, IM». authorizing the city council of Charleston to impose and collect a duly on the tonnage of

vessels from foreign ports; and to acts of tho state of Georgia, authorizing the imposition .

and collection of a duty on the tonnage of vessels in the ports of Savannah and St. Mary's.

Tfh°c„TTM' $ 1. Beit enacted, &-c. That the consent of congress be,and

ot congress . iT i t i • *

granted to any is hereby, granted and declared to the operation of any act of neraUwernT tne genera' assembly of the state of South Carolina, now in exbiy of s. Ca- istence, or which may hereafter be passed, so far as the same exiringVdutyortends, or may extend, to authorize the city council pf CharleslOconuper ton to impose and levy a duty, not exceeding ten cents per ton, onhov""1' on^H ships and vessels of the United States, which shall arrive states enter- and be entered in the port of Charleston, from Tiny foreign port !"ntomb-"'or P'ace > r tne purpose of providing a fund for the temporary reign ports for relief and maintenance of sick or disabled seamen in the marine therei.of.&c. hospi(a] of the said porl of Charleston.

ofCha^iMwn $ 2' Tnat tne collector of the port of Charleston be, and he is to collect the hereby, authorized to collect the duties imposed, or authorized payTh'emf& De imposed, by this act, and to pay the same to such persons as shall be authorized to receive the same by the city council of Charleston.

cohng"ss'entof $ 3- That ,he consent of congress be, and is hereby, granted granted to any and declared to the operation of any act of the general assembly mi^awmbiy °f lne state of Georgia, now in existence, or which may hereafof Georgia, ter be passed, so far as the same extends, or may extend, to au5uty°of two* thorize the levying and collecting a tonnage duty, not exceeding cents per ton two cents per ton, upon coasting vessels, and four cents per ton vosaeu'aiid upon vessels from foreign ports, arriving at and entering the ports four cents per of Savannah and St. Mary's; for the purpose of providing a fund frornfonSgrT" for the payment of the fees of the harbor master and health offiports,entering, Cer of those ports, respectively: Provided, The said acts shall c' not contain provisions inconsistent with the operation of any law

of the United States made in execution of existing treaties. This § 4. That this act shall be in force for five years, and from

md oftiiefirst thence to the end of the next session of congress thereafter, and session, &c. no longer. [Approved, April 29, 1816.]

Chap. 164. An act to authorize the survey of two millions of acres of the public lands, in lieu of that quantity heretofore authorized to be surveyed in the territory of Michigan, as military bounty lands.

Voi.u.p.i24S. § 1. Be if enacted, #c. That so much of the " Act to provide for designating, surveying, and granting, the military bounty lands," approved the sixth day of May, one thousand eight hun

SomuchofUie dred and twelve, as authorizes the president of the United States

actofthe6lh r

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