Causes de circuit court setts to be which have originated in said district court, and which would, 4. That those causes which have originated as aforesaid, in pending in the said district court, and have been entered at the circuit court in of Massachu- the district of Massachusetts, and are now pending therein, on error, appeal, or otherwise, shall be transferred to the circuit court by this act established, and entered on the docket of the same at its first session, in order that the said causes may be heard and decided therein, in the manner provided by the third section of this act. [Approved, March 30, 1820.] transferred to the circuit court for Maine. Vol. iii. p. 1737. Forfeiture of 1821. CHAP. 26. An act further to suspend, for a limited time, the sale or forfeiture of lands for 1. Be it enacted, &c. That the operation of the sixth condi- Proviso; ben efit limited to purchasers within 640 acres. Vol. iii. P 1761. Massachu CHAP. 37. An act for apportioning the representatives in the seventeenth congress, to be 1. Be it enacted, &c. That, in the election of representatives gress: representa tives. In case of the vacation of the 2. That, if the seat of any of the representatives in the present congress, who were elected in and under the authority of the state of Massachusetts, and who are now inhabitants of the state of Maine, shall be vacated by death, resignation, or otherwise, such vacancy shall be supplied by a successor, who shall, at the time of his election, be an inhabitant of the state of Maine. ant of Maine Approved, April 7, 1820.] inhabitant of Maine, his successor to be an inhabit also. Vol. iii. p. 1679. Act of 20th СНАР. 44. An act to continue in force the act passed on the twentieth day of April, one 1. Be it enacted, &c. That the act passed on the twentieth continued in day of April, in the year one thousand eight hundred and force until 4th eighteen, entitled "An act supplementary to an act, entitled March, 1823. 'An act to regulate the collection of duties on imports and ton- Vol. i. p. 573. date of clear &c. 2. That, in all cases of entry of merchandise for the bene- 20 days from fit of drawback, the time of twenty days shall be allowed, from ance for comthe date of the clearance of the ship or vessel in which the same pleting entry, shall be laden, for completing the entry and taking the oath required by law: Provided, That the exporter shall, in every other Proviso; exparticular, comply with the regulations and formalities hereto-porter to comply with every fore established for entries of exportation for the benefit of draw- other particular, &c. back. [Approved, April 19, 1820.] CHAP. 45. An act to establish a district court in the state of Alabama. Vol. ii. p. 1936. U. States ex 1. Be it enacted, &c. That all the laws of the United States, Laws of the which are not locally inapplicable, shall be extended to the state tended to Alaof Alabama, and shall have the same force and effect within the bama. same as elsewhere within the United States. district. Four stated and Cohaw Vol. iii. p. 2. That the said state shall be one district, and be called Alabama a the Alabama district; and a district court shall be held therein, a district to consist of one judge, who shall reside in the said district, and court of one be called the district judge. He shall hold, alternately, at the judge. towns of Mobile and Cahawba, beginning at the first, four stated sessions annusessions annually the first, to commence on the first Monday in ally, at Mobile April next, and the three other sessions, progressively, on the ba. first Monday of every third calendar month thereafter. He shall, 1805. in all things, have and exercise the same jurisdiction and powers Powers of the which were by law given to the judge of the Kentucky district, jødge. under an act, entitled "An act to establish the judicial courts of the United States," and an act, entitled "An act in addition to Vol. i. p. 53. the act, entitled 'An act to establish the judicial courts of the United States," approved second March, one thousand seven hundred and ninety-three. He shall appoint clerks for the said Clerks of the district, who shall reside, and keep the records of the court, at the places of holding the same, and shall receive, for the services performed by them, the same fees to which the clerk of the Kentucky district is entitled for similar services. 310. court. eral court the district court. 3. That all causes, actions, indictments, libels, pleas, pro- Causes in the cesses, and proceedings, whatsoever, returnable, commenced, territorial gendepending, or in any manner existing, in the general court es- transferred to tablished by an act, entitled "An act to establish a separate territorial government for the eastern part of the Mississippi ter- Vol. iii. p. ritory," by virtue of the federal jurisdiction by that act granted, be, and the same are hereby, transferred to the said district court, and may be proceeded in, shall exist, and have like incidents and effects, as if they had been originated, and been proceeded in, in the said district court. 1634. general terti $ 4. That the dockets, books, records, and papers, belonging Dockets of the to the said general court, arising out of, and appertaining to, its torial court, federal jurisdiction, shall be transferred to, and become the to become the dockets, books, records, and papers, of the said district court. VOL. III. 203 dockets of the district court, Compensation 1500 dolls. per 5. That there shall be allowed to the judge of the said disof the judge, trict court the annual compensation of fifteen hundred dollars, to commence from the date of his appointment; to be paid quarter yearly, at the treasury of the United States. annum. A district attorney. 200 dolls per ann. besides fees, &c. A marshal. 6. That there shall be appointed, 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 by the United States two hundred dollars annually, as a full compensation for all extra services. 7. That a marshal shall be appointed 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 to marshals in other districts; and shall, moreover, 250 dolls. per be entitled to the sum of two hundred and fifty dollars annually, as a compensation for all extra services. [Approved, April 21, 1820.] ann. to the marshal, be side fees. Act of 4th June, 1812, the govern force in the CHAP. 46. An act relative to the Arkansas territory. 1. Be it enacted, &c. That the act of congress passed on the providing for fourth day of June, one thousand eight hundred and twelve, proment of Mis- Viding for the government of the territory of Missouri, as modisouri, &c. in fied by the act of congress passed on the twenty-ninth day of territory of April, one thousand eight hundred [and] sixteen, entitled an act Arkansas, &c. to alter certain parts of the act aforesaid, shall be considered as Vol. ii. p.1252. Vol. iii. p. applicable to the government of the territory of Arkansas, and 1603, 1728. shall have reference to the proceedings of the said territory, in the organization of the second grade of the territorial government assumed by said territory, under an act of congress of the second of March, one thousand eight hundred and nineteen, establishing the territory of Arkansas; and all and every step taken under the last mentioned act, shall be considered valid, if not inconsistent with the three before recited acts taken together. [Approved, April 21, 1820.] Vol. iv. 2106. Vol. iii. p. 1743. 1807. 1928. Public sales of lands, &c. in entire sec tions, &c. Division of quarter sections CHAP. 49. An act making further provision for the sale of the public lands. § 1. Be it enacted, &c. That, from and after the first day of July next, all the public lands of the United States, the sale of which is, or may be, authorized by law, shall, when offered at public sale, to the highest bidder, be offered in half quarter secAt private sale tions; and, when offered at private sale, may be purchased, at the option of the purchaser, either in entire sections, half sections, quarter sections, or half quarter sections; and in every case of the division of a quarter section, the line for the division thereof shall run north and south, and the corners and contents of half quarter sections which may thereafter be sold, shall be ascertained in the manner, and on the principles, directed and prescribed by the second section of an act, entitled "An act concerning the mode of surveying the public lands of the United States," passed on the eleventh day of February, eighteen And fractional hundred and five; and fractional sections, containing one hundred and sixty acres, or upwards, shall, in like manner, as nearly as practicable, be subdivided into -half quarter sections, under sections. such rules and regulations as may be prescribed by the secretary of the treasury; but fractional sections, containing less than one Fractional hundred and sixty acres, shall not be divided, but shall be sold sections, &c. entire Provided, That this section shall not be construed to tire. alter any special provision made by law for the sale of land in Proviso; as in town lots. to be sold en town lots. lic lands after produce a re $ 2. That credit shall not be allowed for the purchase money No credit on on the sale of any of the public lands which shall be sold after sales of pubthe first day of July next, but every purchaser of land sold at 1st July, 1820. public sale thereafter, shall, on the day of purchase, make com- Complete payment, &c. plete payment therefor; and the purchaser at private sale shall Purchasers at produce, to the register of the land office, a receipt from the private sale to treasurer of the United States, or from the receiver of public ceipt for the moneys of the district, for the amount of the purchase money on money before any tract, before be shall enter the same at the land office; and The highest if any person, being the highest bidder, at public sale, for a tract lic sale failing of land, shall fail to make payment therefor, on the day on which to pay, the the same was purchased, the tract shall be again offered at pub- again offered, lic sale, on the next day of sale, and such person shall not be &c. capable of becoming the purchaser of that or any other tract offered at such public sales. entry. bidder at pub tract to be per acre, after paying, &c. less than 1 per acre. Lands offered at public sale, and unsold, subject to pri doll. 25 cts. 3. That, from and after the first day of July next, the price Price of lands at which the public lands shall be offered for sale, shall be one 1 doll. 25 cts. dollar and twenty-five cents an acre; and at every public sale, 1st July, 1820. the highest bidder, who shall make payment as aforesaid, shall Highest bidder be the purchaser; but no lands shall be sold, either at public or No sales for private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which shall have been offered at public sale before the first day of July next, and which shall then remain unsold, as well as the lands that shall thereafter be offered at public sale, according to law, and remain unsold at the close of such public sale, shall be subject to be sold at pri- doll. 25 cts. vate sale, by entry at the land office, at one dollar and twenty- per acre. five cents an acre to be paid at the time of making such entry as aforesaid; with the exception, however, of the lands which Except remay have reverted to the United States for failure in payment, verted lands, and of the heretofore reserved sections, for the future disposal of reserved in congress, in the states of Ohio and Indiana, which shall be of fered at public sale as hereinafter directed. vate sale at 1 and sections Ohio and In diana. Lands reverted, &c. to be offered at public, before pri before the 1st $ 4. That no lands which have reverted, or which shall hereafter revert, and become forfeited to the United States for failure in any manner to make payment, shall, after the first day of July next, be subject to entry at private sale, nor until the same vate, sale. shall have been first offered to the highest bidder at public sale; and all such lands which shall have reverted before the said first Sale of lands day of July next, and which shall then belong to the United reverted, &c. States, together with the sections, and parts of sections, heretofore reserved for the future disposal of congress, which shall, at the time aforesaid, remain unsold, shall be offered at public sale to the highest bidder, who shall make payment therefor, in half quarter sections, at the land office for the respective districts, on such day or days as shall, by proclamation of the president of Days of sale the United States, be designated for that purpose; and all lands proclamation. July, 1820, and reserved sections. to be fixed by Proclamation public sales Sale of lands which shall revert and become forfeited for failure of payment reverting, &c. after the said first day of July next, shall be offered, in like manof time of sale. ner, at public sale, at such time or times as the president shall, Proviso; no by his proclamation, designate for the purpose: Provided, That for less than 1 no such lands shall be sold at any public sales hereby authorized, doll. 25 cts. for a less price than one dollar and twenty-five cents an acre, nor on any other terms than that of cash payment; and all the All lands un- lands offered at such public sales, and which shall remain unsold sold at public, may be enter at the close thereof, shall be subject to entry at private sale, in ed at private, the same manner, and at the same price, with the other lands sold at private sale at the respective land offices. per acre, cash. sale. Public sales for two weeks. 5 dolls. per 5. That the several public sales authorized by this act, shall, respectively, be kept open for two weeks, and no longer; and day to the reg- the registers of the land office and the receivers of public money shall, each, respectively, be entitled to five dollars for each day's attendance thereon. isters and re ceivers. Preference, in case of different applica tions at private sale, to $ 6. That, in every case hereafter, where two or more persons shall apply for the purchase, at private sale, of the same tract, at the same time, the register shall determine the preferbe given to the ence, by forthwith offering the tract to the highest bidder. [Aphighest bidder. proved, April 24, 1820.] Vol.ii. p. 1122. CHAP. 50. An act in addition to the several acts for the establishment and regulation of the Unexpended moneys, when the object of appropriation fected, to be carried to the has been ef surplus fundle Balance of moneys, drawn, after to be repaid to &c. war and navy treasury, war, and navy, departments. $ 1. Be it enacted, &c. That it shall be the duty of the secretary of the treasury to cause to be carried to the account of the surplus fund, any moneys, appropriated for the department of war, or of the navy, which may remain unexpended in the treasury, or in the hands of the treasurer, as agent for those departments, whenever he shall be informed, by the secretaries of those departments, that the object for which the appropriation was made has been effected. And it shall be the duty of the secretaries of war and navy departments, to cause any balance of mothe object has neys drawn out of the treasury, which shall remain unexpended, been effected, after the object for which the appropriation was made shall be the treasury, effected, to be repaid to the treasury of the United States; and such moneys, when so repaid, shall be carried to the surplus fund. Secretaries of 2. That it shall be the duty of the secretaries of the war and to lay before navy departments, to lay before congress, on the first day of February, of each year, a statement of the appropriations of the ually, on the 1st February, preceding year, for their departments respectively, showing the a statement of amount appropriated under each specific head of appropriation, of the preced- the amount expended under each, and the balance remaining showing the unexpended, either in the treasury, or in the treasurer's hands, as agent of the war or navy departments, on the thirty-first DeSecretaries to cember preceding: And it shall be further the duty of the se cretaries aforesaid, to estimate the probable demands which may remain on each appropriation, and the balance shall be deducted from the estimates of their departments, respectively, for the service of the current year; and accounts shall also be annually be annually rendered, in manner and form as aforesaid, exhibiting the sums rendered, of sums expend- expended out of the estimates aforesaid; and the balance, if any, which may remain on hand, together with such information, con congress, an appropriations ing year, amount, balance, &c. estimate the probable debalance to be mands, and deducted, &c. Accounts to el, balance, &c. |