« ForrigeFortsett »
office: Provided, That no locations as aforesaid, in virtue of this Prov«o; no or the preceding section of this act, shall be made on tracts of Iracts°prelands for which patents had previously been issued, or which had viou»iy pabeen previously surveyed; and any patent which may, neverthe- "yed.0*"1"" less, be obtained for land located contrary to the provisions of this act, shall be considered null and void. [Approved, February 9, 1821.]
Chap. IfiO. An acl for the relief of the purchasers of public lands prior to Ihe first day of Vol iii
July, eighteen hundred and twenty. 1743. 1774.
$ 1. Be it enacted, #c. That, in all cases where lands have iMi. isesi been purchased from Ihe United States, prior to the first day of y%*\T July, eighteen hundred and twenty, it shall be lawful for any 2128.2307. such purchaser, or other person or persons, being the legal hold- ^Medpriorto er of any certificate or certificates of land, on or before the thir- i« July, 1820, tieth day of September, eighteen hundred and twenty-one, to p^'a"^"'^. file, with the register of the land office where any tract of land has been purchased, a relinquishment, in writing, of any section, half section, quarter section, half quarter section, or legal subdivision of any fractional section, of land so purchased, upon which the whole purchase money has not been paid, and all sums paid on account of the pa$t relinquished shall be applied Soma paid on to the discharge of any instalments which may be, or shall here- partreHn- lb° after become, due and payable upon such land, so purchased, as quishedtobo shall not have been relinquished, and shall be so applied and d^harge incredited as to complete the payment on some one or more half •lajmenis du« quarter sections where the payments by transfer are sufficient relinquished, for that purpose: Provided, That all divisions and subdi Visions, Proviso; divicontemplated by this act, shall be made in conformity with the conformable first section of an act making further provision for the sale of to act of 24th public lands, passed Ihe twenty-fourth day of April, one thous- ^[Visloi and eight hundred and twenty: And provided also, That the cii. 49. right of relinquishment hereby given shall,, in no case, authorize flymen"0 the party relinquishing to claim any repayment from the United from the U.S. States: And provided also, That where any purchaser has pur- ^"0^TM of chased, at the same lime, two or more quarter sections, he shall twoormoro not be permitted to relinquish less than a quarter section. Sons.erS°°"
$ 2. That the interest which shall have accrued before the ^'^'^ thirtieth day of September next, upon any debt [due] to the United ^ Sop"TM States, for public land, shall be, and the same is lrereby, remit- J8^TM" ted and discharged.
$ 3. That the persons indebted to the United States, as afore- ^°"^m said, shall be divided into three classes; the first class to include classes, all such persons as shall have paid to the United States only one Fint c,aMfourth part of the original price of the land by them respectively purchased or held; the second class to include all such per-Second. sons as shall have paid to the United States only one half part of such original price; and the third class to include all such Third < persons as shall have paid to the United States three fourth parts of such original price; and the debts of the persons included in f^TM^°f the first class shall be paid in eight equal annual instalments; th„ respective the debts of the persons included in the second class shall be inpaid in sis equal annual instalments; and the debts of the per
sons included in the third class shall be paid in four equal annuTimeaofpay- al instalments; the first of which instalments, in each of the «ij>inientTM '"" classes aforesaid, shall be paid in manner following, to wit: of the third class, on the thirtieth day of September next; of the second class, on the thirty-first day of December next; and of the first class, on the thirty-first day of March, one thousand Dsbi\cr<jbiaf e'Snt hundred and twenty-two; and the whole of the debtafore6np"rcent!per said shall bear an equal annual interest at the rate of six per Proviso- cent.: Provided always, That the same shall be remitted upon interest re- each and every of the instalments aforesaid which shall be puno miued.&c. tually paid when the same shall become payable as aforesaid. Dcductionor ^ 4_ That iq all cases where complete payment of the whole cent, on pay- SUm dqe, or which may become due, for any tract of land purmcntoftho chaged from the United States ns aforesaid, shall be made on or
whole sum due ■ • .
by soth Sept. before the thirtieth day of September, one thousand eight hunlsB' dred and twenty-two, a deduction, at the rate of thirty-seven
and a half per centum, shall be allowed upon the sum remaining Proviso; no unpaid: Provided, That nothing herein contained shall author-' p'*ymUe'nt»UI>on 'ze any discount upon payments made by a transfer of former inudeby payments under the provisions of the first section of this act. Th"*e whtc' § 5- That each and every individual or company that has laid have laid off off, on any lands by him or then* purchased of the United States, ihTwhEiVorTM nnv townJ a port or the whole of the lots whereof have been sold, the lots whore- shall be entitled to the benefits of this act in relation to any half slid"rebemi- quarter, or quarter, section of land, on which such town may be iied'to the be, situated, and of all land by him or them owned, contiguous to ncfitaofthis anj aa«j0jnjng ggjj na|f quarter, quarter section, or section, on On condition which said town is situated, upon condition only, that each and ofinieresi'and every person who has purchased of him, or them, a town lot, or a discount of part of a lot, or land in and adjoining the same, shall be entitled toinepur-'' to a remission of all interest that has accrued, and to a discount th"BI&of °^ 'wen,y Per centum on the amount unpaid, and to discharge 1' their debt by bonds, with security, in equal annual instalments of The provis- four years, from the thirtieth day of December next. Nor shall the ions of this act provisions of this act be construed to extend to any person or
not to extend r . . . . . . . . *
to persons persons claiming title to land under the provisions of an act churning tide, passed the third day of March, one thousand eight hundred and seventeen, entitled " An act to set apart and dispose of certain public lands for the encouragement of the cultivation of the vine ,and olive."
Theludim 4 6. That, for failure to pay the several debts aforesaid, in
forfeited on » _ '. , . r i r i ir 11
failure to pay, manner aforesaid, and for the term of three months alter the day thar« ttotime appointed for the payment of the last instalment thereof, in each ror paying the of the classes aforesaid, the land so purchased or held by the ISoVu* respective persons indebted to the United Slates as aforesaid,
shall, ipso facto, become forfeited, and revert to the United
No person is § 7. That no person shall be deemed to be included within, benefit'o'f this or entitled to, the benefit of any of the provisions of this act, who act, who does shall not, on or before the thirtieth day of September next, sign, written con- ar|d fi'e 'n lr,e office of the register of the land office of the dissent, &c. trict where the land was purchased, or where the residue of the purchase money is payable, a declaration in writing, expressing his consent to the same; and shall pay to the register, for rc- socentiiothe ceiving, recording, and filing, the same, fifty cents. register, c.
<§> 8. That it shall be, and hereby is made, the duty of the se- ^y^"^*' veral registers and receivers of the land offices of the United ceive"" to States, according to the forms and instructions which shall be j^^""*1*1 given in that behalf by the treasury department, to assist in car- counts and rorying this act in execution, to keep full and faithful accounts <=»rd>,«tc. and records of all proceedings under the same; and, within the n^dT^'tho* term of three months after the said thirtieth day of September treasury denext, to transmit to the said department a correct report of the Parlment> **• quantity of land relinquished to the United States; the quantity on which full payment shatl have been made; and the quantity on which a further credit shall have been given, distinguishing the amount of the debt on which further credit shall have been allowed; and the registers and receivers, respectively, shall be 50 ccnt« •»re
• i j i-y r ■ i- • ■- - gisters, &c. for
entitled to receive fifty cents from the party relinquishing, for every hair each half quarter section, quarter section, half section, section, or legal subdivision of a fractional section, so relinquished. linqiiished.
$ 9. That no lands purchased from the United States on or be- ^*"d^ur" fore the first day of July, eighteen hundred and twenty, which not already are not already forfeited, shall be considered as forfeited to the JorfcUed,_to bo
r e -t' i ■ i forfeited bc
govcrnment, for failure in completing the payment thereon, un- fore soth Sept. til the said thirtieth day of September next; and all the lands1821which shall be relinquished to the United States, as aforesaid, J^h^o^ shall be deemed and held to be forfeited, and, with all other deemed forlands which may become forfeited under this act, shall be sold VotTu'p." according to the provisions of the act, entitled "An act making 1TM. further provision for the sale of the public lands," passed the twenty-fourth day of April, eighteen hundred and twenty.
<§> 10. That no land which shall be surrendered under the pro- ^"fj"""""' visions of this act, shall be offered for sale for the term of two s"j f0Ttwo years after the surrender thereof. 1Approved, March 2, 1821.1 ye»TMa.fter
* 1 * * J surrender.
Chap. 151. An act to reduce and fix the military peace establishment of the United Vol. iii. p.
$ 1. Be it enacted, fyc. That, from and after the first day of Military June next, the military peace establishment of the United Slates P1-?000"11^
i ii i • r i ■ r ••■ • ■ "'binont, after
shall be composed of four regiments of artillery, and seven regi- inJune, 1821. menls of infantry, with such officers of engineers, of ordnance, and of the staff, as are hereinafter provided for.
§ 2. That each regiment of artillery shall consist of one colo- Aniiiory. nel, one lieutenant colonel, one major, one sergeant major, one^6^|T|'' quartermaster sergeant, and nine companies, one of which shall be designated and equipped as light artillery; and that there Light artiiieshall be attached to each regiment of artillery one supernumer- '7' ary captain to perform ordnance duty; and that each company rary captain" shall consist of one captain, two first lieutenants, two second for ordnance, lieutenants, four sergeants, four corporals, three artificers, two "y' musicians, and forty-two privates. That each regiment of in- Inf»nl7fantry shall consist of one colonel, one lieutenant colonel, one major, one sergeant major, one quartermaster sergeant, two principal musicians, and ten companies; each of which shall consist of one captam, one first lieutenant, one second lieutenant, three
sergeants, four corporals, two musicians, nnd forty-two privates; Adjutant to and that to each regiment of artillery and infantry there shall be mont.TM8' one adjutant, who shall be taken from the subalterns of the line. Engineer re- $ 3- That the corps of engineers, (bombardiers excepted,) and taimxi—a- the topographical engineers, and their assistants, shall be retain
centborobar- i • • . . ■_ j
diers. °d m service as at present organized.
Ordnance de- § 4. That the ordnance department shall be merged in the payment, &£. artillery ; and that the president of the United States be, and he cVrs'tVucr0- " is hereby, authorized to select, from the regiments of artillery, dutTes&c1"" suc'1 °^cers as mav oe necessary to perform ordnance duties, u 1CS' °' who, while so detached, shall receive the pay and emoluments Eniuted men now received by ordnance officers, iKid shall be subject only to of ordnance i|le orders of the war department; and that the number of enreducl'd.0"1 listed men in the ordnance department be reduced to fifty-six. Onemajorge- $ 5. That there shall be one major general, with two aids-detwoa'fidslhand camP » tw0 brigadier generals, each with one aid-de-camp; and two brigadiers, that the aids-de-camp be taken from the subalterns of the line, Aids from nnc'' in a(ldilion to their other duties, shall perform the duties of subalterns of assistant adjutant general.
the line. ^ g That there shall be one adjutant general, and two in*
and"two^n-*0' sPeclors general, with the rank, pay, and emoluments, of colospectorsgene- ncls of cavalry.
raHvith rank, ■ ^ 7 Tna, ,nere s||a|| be Qnc quartermaster general; that A quarter- there shall be two quartermasters, with the rank, pay, and emolmaatergene- uments, of majors of cavalry; and ten assistant quartermasters, Two quarter- w'10 shall, in addition to their pay in the line, receive a sum not masters. less than ten dollars, nor more than twenty dollars, per month, to quartemM-"1 be regulated by the secretary of war.
tets, with ad- $8. That there shall be one commissary general of subsist^iona pay. ence . an(j (|)a( ||iere s|)a|| De as m;iny assistant commissaries as generaTM8/ary ''ie service may require, not exceeding fifty, who shall be taken subsistence, from the subalterns of the line, and shall, in addition to their pay
and assistant .. ,. . , , .i_ .
commissaries. In 'ne line, receive a sum not less than ten, nor more than twenr 2i°70 T P c'°"ars Per m°nth; and that the assistant quartermasters, and
assistant commissaries of subsistence, shall be subject to duties in both departments, under the orders of the secretary of war. A paymaster § 9- That there shall be one paymaster general, with the prcgenerai and > SGnt compensation, and fourteen paymasters, with the pay and
fourteen pay- . 1 - I , ', i t_ .1 l. il L.
masters. emoluments of regimental paymasters; and that there shall be Commissary one commissary of purchases, and two military storekeepers, to
of purchases. , , , , '1 . .' '1
Military be attachctl to the purchasing department.
storekeepers. <j 10. That the medical department shall consist of one sur
A surgeon ' i • ■ " .
general, geon general, eight surgeons, with the compensation of regiment
f^l "ur" al surgeons, and forty-five assistant surgeons, with the compen
46 assistant sation of post surgeons.
Sunk°"aV, '^nat t',° officers, noncommissioned officers, artificers,
&c except musicians, and privates, retained by this act, except those —
rpee^aithprovi- c'a"v Prov'det' i°r> snaH l>ave the same rank, pay, and emolusion,&c. meuts, as are provided, in like cases, by existing laws; and that continued, ,ne ^orce authorized and continued in service under this act, subject to' shall be subject to the rules and articles of war. liciU'ttan $ '2. That the president of the United States cause to be arThe president ranged the officers, noncommissioned officers, artificers, musi
lo cause the '•
cians, and privates, of the several corps now in the service of the force retained United States, in such manner as to form and complete, out of and^omldc?the same, the force authorized by this act, and cause the super- i d out of the numerary officers, noncommissioned officers, artificers, musicians, «mcc.0W TM and privates, to be discharged from the service of the United Supemumera
«,_,* Ties to be dii.
$ 13. That there shall be allowed and paid to each commis- Tahr^2uon«l' sioned officer who shall bo discharged from the service of the fo'he com? United States in pursuance of this act, three months' pay, in ad- missioned offidition to the pay and emoluments to which he may be entitled V",a pursu-8" by law at the time of his discharge. an(ce of lhis
$ 14. That the system of " general regulations for the army," v0i. m. F. compiled by major general Scott, shall be, and the same is here- g^,,,] re by, approved and adopted for the government of the army of the iai7ons%ppfoUnited States, and of the militia when in the service of the Unit- f'"dtha0 ed States. [Approved, March 2, 1821.J mv, and of ihe
Chap. 152. An act further to regulate the entry of merchandise imported into the United Vol. iii. p.
Statci from any adjacent territory. 1926.
$ 1. Be it enacted, fyc. That it shall be the duty of the master Person comof any vessel, except registered vessels, and of every person hav- umt'eTsiatei ing charge of any boat, canoe, or.raft, and of the conductor or from adjacent driver of any carriage or sleigh, and of every other person com- [V**nh"!el?~ ing from any foreign territory adjacent to the United States into ehandise subtrie United States, with merchandise subject to duty, to deliver, ire'to "deliver immediately on his or her arrival within the United States, a J5J"*,l,,£f manifest of the cargo or loading of such vessel, boat, canoe, raft, bad^ngfat°the carriage, or sleigh, or of the merchandise so brought from such °facr'8°^UCc foreign territory, at the office of any collector or deputy collect- to^&c." C°" or which shall be nearest to the boundary line, or nearest to the road or waters by which such merchandise is brought; and eve- ^a"^gesd to ry such manifest shall be verified by the oath of such person de- oath,[before livering the same; which oath shall be taken before such col- sub^an'o"^ lector or deputy collector; and such oath shall state that such the oath, manifest contains a full, just, and true, account of the kinds, quantities, and values, of all the merchandise so brought from such foreign territory; and, if the master, or other person hav- Merchandise, ing charge of such vessel, boat, canoe, or raft, or the Conductor "ag'cj'<kc.r"foror driver of such carriage or sleigh, or other person, bringing [jjj.tle|jrfor°eg'j merchandise as aforesaid, shall neglect or refuse to deliver the to deliver US* manifest herein required, or pass by, or avoid, such office, the m»nifo»'merchandise subject to duty, and so imported, shall be forfeited to the United States, together with the vessel, boat, canoe, or raft, the tackle, apparel, and furniture, of the same, or the carriage or sleigh, and harness and cattle, drawing the same, or the horses, with their saddles and bridles, as the case may be; and Master, &c. such master, conductor, or other importer, shall be subject lo penalty'orioo pay a penalty of four hundred dollars. dulls
$ 2. That uny deputy collector, stationed in any district of Deputy Coithe customs contiguous to a foreign territory, to whom a mani- |ccior auihor
chandise the payment of the duties thereon, or good and ample rUyEbyd bead!
fest of merchandise, subject to duty, shall be delivered as afore said, is hereby authorized to require of the importer of such mer
"the payment of the duties—