« ForrigeFortsett »
able accident, or was lost in actual service, without any fault on his part; and, in case of damage, he shall also be subject to charge for the damage actually sustained, unless he shall show, in like manner, to the satisfaction of the secretary of war, that due care and allention were given to the preservation of said
supplies, and that the damage did not result from neglect. Two addition § 4. That, the better to enable the quartermaster's departal quarıermasters, and len
ment to carry into effect the provisions of this act, there be apass s:ant quar- pointed iwo additional quarteroiasters, and ten assistant quarterbe appointed. masters, to be taken from the line of the army, who shall have
the same rank and compensation as are provided for like grades by the act, entitled “ An act to reduce and fix the military peace
establishinent of the United States," approved the second day of Proviso. March, one thousand eight hundred and twenty-one: Provided,
That assistant quartermasters be entitled, also, to receive the" allowance of forage heretulore authorized, by law, to regimental
and battalion quartermasters. Each officer $ 5. That each officer appointed under this act, shall, before appointed, to give bond and he enter upon his duties, give bond, with sufficient surety, to be security. approved by the secretary of war, in such sum as the president
shall direct, with condition for the faithful performance of the duties of his office. [Approved, May 18, 182.]
CHAP. 122. An act for alteri:g the time for holding the courts of the United States, in the
western district of Virginia. Times for
$1. Be it enacted, &c. That the courts of the United States holding the courts of the in the western district of Virginia, shall be hereafter held on the U. S. in the
days herein provided for, instead of the times now provided for western district of Virgin- by law, that is to say : at Clarksburg, on the first Mondays in ia, changed. April and September ; at Lewisbury, on the first Wednesday af
ter the second Mondays in April and September ; at Wythe Court House, on the first Wednesday after the third Mondays in April and September; and at Staunion, on the first Wednesdays after the fourth Mondays in April and September ; and all matters in said courts, returnable, or continued 10 the terms herelufore provided for, shall be taken to be returnable, and continued to the terms herein provided for. This act to take effect from and after the first day of July next. (Approved, May 20, 1826.] Chap. 123. An act relative to the issuing of executions, in the district and circuit courts of the
United States, in certain cases. Writs of exe
$ 1. Be it enacted, &c. That all writs of execution, upon any cution upon judgment or decree, obtained in any of the district or circuit any judgment courts of the United States, in any one state, which shall have where the dis- been, or may hereafter be, divided into two judicial districts, courts in any may run and be executed, in any part of such state; but shall one state, be issued, and made returnable to, the court where the judgment which, &c.
was obtained, any law to the contrary notwithstanding. [Approved, May 20, 1826.]
Chap. 126. An act allowing fees to the district attorney of Missouri. $1. Be it enacted, &c. That there be allowed to the allorney
A fee of 6 dolls.
of the United States, fór the district of Missouri, a fee of six to be allowed dollars in each case now pending, or hereafter to be by him pro- for the district secuted on behalf of the United States, to be paid by ihe unsuc- of Missouri. cessful party, in addition to the salary and compensation allowed
Proviso ; fees by law : Provided, That the fees herein provided for shall not be herein providtaxed on any suit now commenced, or to be cominenced, or any ed for, not to petition filed, or to be filed, in relation to the confirmation of any suit now land claims, in Missouri, under the provisions of the act of the commenced, twenty-sixth of May, one thousand eight hundred and twenty-four. 250 dolls, lo bo
$ 2. That, as a compensation to the said district attorney, in allowed, and all cases in which he has already prosecuted suits, for the Unit- paid him, from ed States, 10 judgment, he shall receive the sum of two hundred and fifty dollars, to be paid to him by the proper officer of the treasury department. Approved, May 20, 19:26.]
CHAP. 128. An act to alter the time of holding the district courts in the district of North Ca.
$ 1. Be it enacted, &c.' That the district courts of the United Time of hold. States for the district of North Carolina, shall, aster the passing courts of the of this act, commence and be bolden on the following days, in- disific for the stead of the times heretofore established by law, that is to say : North Caroli
. Ai Edenton, in and for the district of Albemarle, on the third na, changed. Monday of April and October ; at Newbern, in and for the district of Pampiico, on the Thursday next after the third Monday of April and October; and at Wilmington, in and for the district of Cape Fear, on the fourth Monday of April and October.
$ 2. That all suits, actions, writs, process, and other proceed- All suits, &c, ings, commenced or 10 commence, or which shall be now pend- ed with, as if ing in any of the district courts of the district of North Carolina, taken placea as heretofore established, shall be returnable to, heard, tried, and proceeded with, in the said district courts, in the same manner as if the time for holding thereof had not been changed. (Approved, May 20, 1826.]
Chap. 131. An act to fix the time of holding the circuit and district courts of the United
States in the district of Ohio.
$1. Be it enacted, foc. That the circuit court of the United Time of holdSiates within and for the district of Ohio, instead of the time and district now fixed by law, shull hereafter be held on the second Monday court of the of July, and the fourth Monday of December, in each year; and the district of the district court of the United States, in and for said district, Ohio, chang
c shall hereafter be held on the Mondays next succeeding the tinies herein fixed for holding the circuit court; and all suits and matters of every kind relurnable to, or pending in, either of said courts, shall be held to be relurnable and continued to the terms of said courts herein provided for. [Approved, May 20, 1826.) CHAP. 133. An act to allow the transportation of goods, wares, and merchandise, to and from Philadelpliia and Baltimore, by the way of Lancaster and York, or by the mail route.
Any goods, $1. Be it enacted, &c. That any goods, wares, and merchan- & which
lawfully might dise, which lawfully might be transported to or from the city of be
Vol. iii. p.
Vol. iv. p.
ported to or Philadelphia and Baltimore, by the way of Elkton, Bohemia or from Philadel. Frenchtown, and Port Pen, Appoquinimink, New Castle, Christhe way of tiana Bridge, Newport or Wilmington, or to and from the city Elkton, &c. of Philadelphia and Baltimore, by the way of Appoquinimink tled to all the and Sassafras river, shall, and may be, lawfully transported 10 benefits, &c. existing in and from the city of Philadelphia and Baltimore, by the way of case of goods, Lancaster and York, or by the mail route, and shall be entitled ed by any of to all the benefits and advantages, and shall be subject to all
the provisions, regulations, limitations, and restrictions, existing above mentioned. in the case of goods, wares, and merchandise, transported by
any of the routes before mentioned. (Approved, May 20, 1826.]
Chap. 135. An act to regulate the summoning of grand jurors, in the district courts. After the first $1. Be it enacted, &.c. That, from and after the first day of Aug. next, the clerk, &c. not
August next, the clerks of the district courts of the United States to summon a shall not issue a process to summon, or cause to be returned to grand jury, unless, &c.
any session of the said courts, a grand jury, unless by special order of the district judge. (Approved, May 20, 1826.]
Chap. 137. An act to extend the time for locating Virginia military land warrants, and re1918.
turning surveys thereon lo the general land office. 2190.
$1. Be it enacted, fc. 'That the officers and soldiers of the Officers, &c. of the Virginia Virginia line, on the continental establishment, their heirs or asline, on the continental
signs, entitled to bounty lands within the tract of country reservestablishment
, ed by the state of Virginia, between the little Miami and Scio&c. &c. enti: ta rivers, shall be allowed until the first day of June, eighteen lands, &c. hundred and twenty-nine, to obtain warrants, and until the first
day of June, eighteen hundred and thirty-two, to complete their locations, and until the first day of June, eighteen hundred and thirty-three, to return their surveys and warrants, or certified
copies thereof, to the commissioner of the general land office, Proviso; no
and 10 obtain patents: Provided, That no location shall be Joc de ani de boe made by virtue of any warrant obtained after the first day of first of June. June, eighteen hundred and twenty-nine, and no patent shall is
sue in consequence of any location made after the first day of Proviso ; no June, eighteen hundred and thirty-two: And provided also, polend. bon That no patent shall be obtained, on any such warrant, unless there any warrant, be produced, to the secretary of war, satisfactory evidence that unless there be produced to
such warrant was granted for services which, by the laws of the secretary Virginia, passed prior to the cession of the norihwestern territoof war, evidence that ry, would have entitled such officer, or soldier, bis heirs or assuch warrant signs, 10 bounty lands; and also a certificate of the register of was granted for services the land office of Virginia, that no warrant has issued from the rendered. said land office for the same services.
§ 2. That no patent shall be issued, by virtue of the prebe issued by ceding section, for a greater quantity of land than the rank, or virtue of the term of service, of the officer or soldier to whom or to whose preceding socheirs or assigns such warrant has been granted, would have engreater quan- titled him to, under the aforesaid laws of Virginia; and whenever than the rank it appears, to the secretary of war, that the survey made by viriue or term of ser- of any of the aforesaid warrants, is for a greater quantity of land cer, &c. would than the officer or soldier is entitled to for his services, the secretary of war shall certify, on each survey, the amount of such have entitled surplus quantity, and the officer or soldier, his heirs or assigns
him 1o, under
the aforesaid shall have leave to withdraw his survey from the office of the se- laws of Vire
ginia. cretary of war, and re-survey his location, excluding such surplus quantity, in one body, from any part of his re-survey, and a palent shall issue upon such re-survey, as in other cases.
$ 3. That no holder of any warrant, which has been, or may No holder of be located, shall be permitted to withdraw or remove the same, any warrant and locate it on any other land, except in cases of eviction, in ted to withconsequence of a legal judgment first obtained, from the whole draw or reor a part of the located land, or unless it be found to interfere same, with a prior location and survey: nor shall any lands heretofore sold by the United States, within the boundaries of said reservation, be subject to location, by the holder of any such unlocated warrant: Provided, That no location shall, after the pas- Proviso; no sage of this act, be made on lands for which patents had previ- the passage of ously issued, or which had been previously surveyed, nor shall this act, to be any location be made on lands lying west of Ludlow's line, and for which paany patent which, nevertheless, may be obtained, contrary to the tents had been provisions of this section, shall be null and void. [Approved, sued. May 20, 1826.]
Vol. iv. p.
made on land
Chap. 139. An act to perpeluate the evidence relating to the sale of dwelling houses, lots,
and lands, for the nonpayment of direci taxes due to the United States. $1. Be it enacted, f.c. That, where sales shall have been made Duty of the of any dwelling houses, lots, or lands, to satisfy any direct taxes secretary of imposed thereon, by virtue of the laws of the United States, where sales the secretary of the treasury shall, so far as practicable, cause made to satis-such of the books, and other documentary evidence relating to fy any direct the assessment of such taxes, and to the advertising and sale of Axes imposed such houses, lois, and lands, for the nonpayment thereof, as may virtue of the remain in the hands of the assessors and collectors, or their rep- States.
laws of the U. resentatives, to be deposited, for safe keeping, in the office of the clerk of the districi court of the United States, within whose district such houses, lots, and lands, may lie. (Approved, May 20, 1826.] Crap. 146. An act authorizing certain soldiers in the late war to surrender the bounty lands Vol. iv. p.
drawn by them, and to locale others in lieu thereof. $1. Be it enacted, f.c. That it shall and may be lawsul for any Soldiers, or soldies in the late war, or their heirs, to whom bounty lands their heirs, have been patented, or may hereaster be patented, in the territo- bounty lands ry of Arkansas, and which land is unfit for cultivation, and who have been have removed, or shall hereafter remove, 10 the said territory, in Arkansas, with a view to actual settlement on the lands by them drawn- unfit for culto in all such cases, where it shall be made to appear, in such man-ceive in ero ner as the commissioner of the general land office shall direci, to change, a liko the satisfaction of the register and receiver of the proper dis- any of ihe untrict, that the land patented to them is unfit for cultivation, and appropriated on the surrender of the patent to them granted, accompanied military diswith such a release of their interest as the commissioner of the frictio said
territory Vol. III.
general land office shall prescribe, such soldier, or his heirs, may locale and enter with the register of the land office, for the proper district, in the territory of Arkansas, according to the sectional and divisional lines, the like quantity on any of the unap
propriated public lands in the military district in said territory; Duty of the and upon such entry and location being made, it shall be the a certificato, duty of the register to issue to the person so locating, a certifi&c.
cate specifying the quarter or half section of land so located and Duty of the entered ; and it shall be the duty of the commissioner of the of the general general land office, if he is satisfied such certificate was fairly obland office. tained, to issue a patent for the lands so located, whenever the
certificate aforesaid shall be presented to him for that purpose : fore such cer
Provided, that before such certificate of location shall be granttificate be ed, the applicant shall satisfy the register and receiver that his ingranted, the applicant is to terest in the land originally patented to him, has not been disatisfy the re- vested, either by his own acts, or by the operation of law, for Such'surren- taxes, or otherwise. And provided also, That such surrender der, &c. to be and re-location shall be made on or before the first day of Januafore the lst
ry, eighteen hundred and thirty. But, if said interest shall have Jan. 1830, &c. been divested in either mode above mentioned, no title shall be
acquired to the land subsequently patented. [Approved, May 22, 1826.)
made on or be
Chap. 148. An act to fix the times and places of holding the disuict courts of tho United
States, in the districts of Alabama.
The times of
§ 1. Be it enacted, &c. That the district courts in the districts holding ibe district courts of Alabama shall hereafter be holden at the times and places, in the districts and in the manner herein provided for, any law to the contrary of Alabama, changed. notwithstanding ; that is to say: At Huntsville, in and for the
northern district of Alabama, on the first Monday of March, and the first Monday of October ; at Mobile, in and for the southern
district, on the first Monday in May, and on the second Monday Proviso,
in October, in each year : Provided, That, for the final disposition of causes commenced in, and pending in the district court, now held at Cahawba, in said southern district, there shall be a court held at said place, at the times now fixed by law, and after judgment in said cases, final process thereon may be issued from, and made returnable to, the said court, to be held at Mobile, in which court all further proceedings thereon shall be had.
$ 2. That all causes and proceedings, of every description, &c. to remain, and be pro
commenced or depending in either of said courts, shall be conceeded with, tinued and returnable to said courts, to be held according to the as before.
provisions of this act, and proceeded with in due form of law. [Approved, May 22, 1826.j
Chap. 149. An act allowing appeals and writs of error from the decisions in the district
court in the northern district of New York, in certain cases. Appeals and $1. Be it enacted, &-c. That appeals and writs of error shall writs of error shall be from lie from decisions in the district court for the northern district of the decisions. New York, when exercising the powers of a circuit court; and court for the from decisions which may be made by the circuit court for the northern dis- southern district of said state, in causes heretofore removed to York, to the said circuit court, from the said district court sitting as a cir