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November,

nah in May.

Milledgeville, in the said state; and that the session of the said and at Savan- Court which is now required by law to be holden on the sixth day of May annually at Milledgeville in the said state, shall hereafter be holden on the Thursday after the first Monday in May, annually, at Savannah, in the said state; and that all process which shall have been issued, and all recognizances returnable, and all suits and other proceedings, which have been continued to the said courts respectively, on the days and at the places heretofore provided by law for their meeting, shall be returned, and held to be continued to the said courts, at the times and places herein provided for the meeting of the said courts respectively. [Approved, 21 January, 1829.]

Salary of

CHAP. 170. An act to allow a salary to the Marshal of the Eastern
District of Virginia.

§ 1. Be it enacted, &c. That the sum of two hundred dollars $200 allowed be, and the same hereby is allowed annually, as a salary to the Eastern Dis. Marshal of the Eastern District of Virginia. [Approved, 21 Jantrict of Vir. uary, 1829.]

to Marshal of

ginia.

Collection

rida, by name

CHAP. 171. An act to establish a Port of Entry at Magnolio, in

Florida.

§ 1. Be it enacted, &c. That all the ports, harbors, shores and district estab- waters of the main land of Florida, and of the islands opposite lished in Flo- and nearest thereto, extending from Ocklockney bay to Charof St. Mark's lotte harbor, be, and they are hereby established a collection dis-port of en- trict, by the name of the St. Mark's district; and a port of entry try at Magno- shall be established at Magnolia for said district, and a collector Provision for shall be appointed, who shall give the same bond, perform the same duties, and be entitled to the same compensation and fees as the collectors of the other districts in Florida.

lia.

collector.

Certain por§ 2. And be it further enacted, That all that part of Florida tion of Flori- between the St. Mary's and St. John's river, shall be annexed to, da annexed to and make a part of the Collection District of St. Augustine. [Apdistrict. proved, 21 January, 1829.]

St. Augustine

cts.

CHAP. 172. An act allowing an additional drawback on sugar refined in the United States, and exported therefrom.

Drawback on § 1. Be it enacted, &c. That from and after the passage of sugar refined this act, there shall be allowed a drawback on sugar refined in in U. S. and the United States and exported therefrom, of five cents per pound, exported changed to 5 in lieu of the drawback at present allowed by law on sugar so refined and exported: Provided, That this act shall not alter or repeal any law now in force regulating the exportation of sugar refined in the United States, except to change the rate of drawback when so exported: And provided, That this act shall cease to be in force so soon as the exports of sugar shall be equal to the imports of the same article. Approved, 21 January, 1829.]

Provisoes.

Authority to

CHAP. 173. An act in addition to the act, entitled "An act to amend the judicial system of the United States."

§ 1. Be it enacted, &c. That if, at any session of the Supreme

Court, four Justices thereof shall not attend on the day appointed adjourn the for holding said session, such Justice or Justices as may attend Court from shall have authority to adjourn said court from day to day, for day to day, in twenty days after the time appointed for the commencement of case of nonsaid session, unless four Justices shall sooner attend; and the attendance of business of said court shall not, in such case, be continued over tended. to the next stated session thereof, until the expiration of said Court not to twenty days, instead of the ten days now limited by law.

quorum, ex

be adjourned § 2. And be it further enacted, That if it shall so happen, during sine die, till any term of the said Supreme Court, after four of the Judges 20 days. expiration of shall have assembled, that, on any day, less than the number of After quorum four shall assemble, the Judge or Judges so assembling shall have authority authority to adjourn said court from day to day until a quorum given to adshall attend, and, when expedient and proper, may adjourn the journ, either same without day. [Approved, 21 January, 1829.]

from day to

day, or sine die.

voters in

CHAP. 174. An act to authorise the Citizens of the territories of Arkansas and Florida, to elect their officers, and for other purposes. § 1. Be it enacted, &c. That the citizens of the territory of Qualified Arkansas, qualified to vote, shall and may, at such time and place, Arkansas, to and under such rules and regulations, as the legislature of said elect their territory may prescribe, elect their officers, civil and military, officers, exexcept such as, by the laws of Congress now in force, are to be cept, &c. appointed by the President of the United States; and except, also, justices of the peace, auditor and treasurer for said territory, who shall be chosen by joint vote of both houses of the legislature, at such time, and for such term of service, as the said legislature shall prescribe.

removal.

§2. And be it further enacted, That the term of service, and Term of the duties and powers, fees and emoluments, of the officers, civil service, comand military, so chosen by the citizens, shall be prescribed by the mission and legislature, and they shall be commissioned by the governor of the territory, and subject to be removed from office in such mode and for such cause as the legislature shall declare by law. All laws now in force, inconsistent with the provisions of this act, are hereby repealed. This act shall take effect from and after the Act to take first day of December, one thousand eight hundred and twenty-1, 1829.

nine.

effect Decem

presented to

§3. And be it further enacted, That every bill that shall have Bills, before passed the house of representatives and the legislative council of they become the legislature of the territory, shall, before it become a law, be laws, to be presented to the governor of said territory: if he approve, he governor for shall sign it, but if not, he shall return it, with his objections, to approval. that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it: if, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be re-considered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses of the legislature shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively: and if any bill shall not be returned by the

Provisions contained in two first sec

governor within three days (Sunday excepted) after it shall have been presented, the same shall be a law, in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.

§ 4. And be it further enacted, That it shall be lawful for the qualified voters of the territory of Florida to elect their officers, tions, extend- civil and military, in such manner, and under such rules, regulaed to voters of tions, restrictions and conditions, as are prescribed by the foregoing provisions in the two first sections of this act.

Florida.

council of

Florida.

Apportion§ 5. And be it further enacted, That the members of the legis ment of repre- lative council, in the territory of Florida, shall be elected by the sentation in qualified voters in the respective counties hereinafter designated, the legislative at the time provided by law, in the following manner, to wit: from the county of Escambia, two members; from the counties of Walton and Washington, one member; from the county of Jackson, two members; from the county of Gadsden, two members; from the county of Leon, two members; from the counties Jefferson, Madison, and Hamilton, one member; from the county of Alachua, one member; from the county of Duval, one; from the county of Nassau, one; from the counties of Saint Johns and Musqueto, two; and from the county of Monroe, one member. And any act of Congress, or of the legislative council of said territory, defining the limits of election districts in the same, inconsistent with the foregoing provisions, be, and they are hereby, repealed.

Governor and legislative

§ 6. And be it further enacted, That it shall be lawful for the council autho- governor and legislative council, at any time hereafter, to alter rised to alter or arrange the districts in such manner as to secure, as near as may be, an equality of representation in each district.

this appor

tionment.

nor and legistive council

§7. And be it further enacted, That the act of the governor Act of gover- and legislative council of the territory of Florida, fixing the seat of justice of Jackson county, in said territory, be, and the same is hereby, annulled; and the people and local authorities of said county shall have the privilege of selecting their county seat, in such manner as other counties have been authorised to do, under the laws of said territory. [Approved, 21 January, 1829.]

fixing seat of justice in Jackson

county annulled, &c.

CHAP. 175. An act to allow further time to complete the issuing and locating of Military Land Warrants.

Acts extend§ 1. Be it enacted, &c. That the act, entitled "An act to allow ing time for further time to complete the issuing and locating of military land issuing and locating land warrants," approved the twenty-sixth day of May, one thousand warrants, con- eight hundred and twenty-four, and also the operations of the act tinued. approved the twenty-fourth day of May, one thousand eight *Act of 1824, hundred and nineteen,† which by the said act of one thousand eight hundred and twenty-four is revived, be, and the said acts are hereby, extended and contined in force for the term of five c. 165, vol. 3, years from and after the twenty sixth day of May next.-[Ap proved, 5 February, 1829.].

c. 177, vol. 3, p. 1969.

+Act of 1819,

p. 1721.

CHAP. 176. An act authorising the laying off a town on Bean river, in the State of Illinois, and for other purposes.

Galena, in

§1. Be it enacted, &c. That a tract of land in the state of Town to be Illinois, at and including "Galena," on Bean river, shall, under the laid off at direction of the surveyor of the public lands for the state of Illinois Illinois. and Missouri, and the territory of Arkansas, be laid off into town lots, streets, and avenues, and into out-lots, having regard to the lots and streets already surveyed, in such manner, and of such dimensions, as he may think proper: Provided, The tract so Size of town to be laid off shall not exceed the quantity contained in one en- and lots. tire section, nor the town lots one quarter of an acre each, nor shall the out-lots exceed the quantity of two acres each. When the survey of the lots shall be completed, a plat thereof shall be returned to the secretary of the treasury, and within twelve months thereafter the lots shall be offered to the highest bidder at Lots to be of public sale, under the direction of the President of the United fered to high. States, and at such other times as he shall think proper: Provided, That no town lot shall be sold for a sum less than five dollars Minimum s; price. and provided further, That a quantity of ground of proper width Reservation on the said river, and running therewith the whole length of the along margin said town, shall be reserved from sale for public use, and remain of river. forever a common highway.

§2. And be it further enacted, That it shall be the duty of the Lots to be said surveyor to class the lots already surveyed, in the said town classed. of Galena, into three classes, according to the relative value thereof, on account of situation and elegibility for business, without regard, however, to the improvements made thereon; and Right of preprevious to the sale of the said lots as aforesaid, each and every emption. person, or his, her, or their legal representative or representatives, who shall heretofore have obtained from the agent of the United States a permit to occupy any lot or lots in the said town of Galena, or who shall have actually occupied and improved any lot or lots in the said town, or within the tract of land hereby authorised to be laid off into lots, shall be permitted to purchase such lot or lots, by paying therefor, in cash, if the same fall within the first class, as aforesaid, at the rate of twenty-five dollars per acre; if within the second class, at the rate of fifteen dollars per acre; and if within the third class, at the rate of ten dollars per acre: Provided, That no one of the persons aforesaid shall be permitted to purchase by authority of this section more than one half acre of ground; unless a larger quantity shall be necessary to embrace permanent improvements already made.-[Approved, 5 February, 1829.]

CHAP. 180. An act to alter the time for holding the sixth Circuit
Court of the United States for the District of South Carolina.

be holden 4th

§ 1. Be it enacted, &c. That the Sixth Circuit Court of the Hereafter to United States, for the district of South Carolina which is required Monday in by law to be holden on the second Monday in December, annually, November. shall hereafter be holden on the fourth Monday in November, annually; and that all process which shall have been issued, and all recognisances returnable, and all suits and other proceedings, which have been continued to the said court, on the day hereto

[blocks in formation]

fore provided by law for the meeting of the same, shall be returned and held continued to the said court, at the time herein provided for the meeting thereof.-[Approved, 5 February, 1829.] CHAP. 181. An act to authorise the appointment of a surveyor for the Virginia military district within the state of Ohio.

Surveyor to § 1. Be it enacted, &c. That there shall be appointed by the be appointed. President of the United States, by and with the advice and consent of the Senate, a surveyor for the Virginia military district within the state of Ohio, who shall keep his office at Chillicothe, in the said District, within the state of Ohio, until otherwise directed by law.

Office, at
Chillicothe.

Powers, au-
thority,
duties, emolu-
ments, &c.

To receive all books, re

cords, &c. re.

lating to

lands within

the district.

Fair copies thereof to be

made.

And used as

original re

cords, in tak. ing copies for

the U.S. courts.

Surveyor ap-
pointed to
give bond,
&c.

§ 2. And be it further enacted, That the surveyor appointed by virtue of this act shall possess the same powers and authority, perform the same duties, receive the same emoluments, and, in all respects, be subject to and regulated by, the same laws, rules, and regulations, which were received, exercised, and performed by, and governed the late surveyor of said district, so far as the Virginia military district in the state of Ohio is concerned.

§ 3. And be it further enacted, That it shall be the duty of the surveyor to be appointed under the authority of this act to receive from the personal representatives of Colonel Richard C. Anderson, deceased, late surveyor of said district, all the original books, records, warrants, plats and certificates of surveys, assignments, and other papers, relating exclusively to lands already entered, surveyed, or patented, or to be surveyed, entered and patented, within the Virginia military district, in the state of Ohio, and he shall also make or cause to be made, so far as relates to claims to land in said Virginia military district in the state of Ohio, fair copies of such original books, records, warrants, plats and certificates of surveys, assignments, and other papers, from such original books, records, and papers, in said office, [which contain entries, certificates, surveys, plats, assignments, or other papers or evidences of title, in which is also included entries, certificates, surveys, plats, assignments, or other evidences of title, pertaining to lands lying within the Virginia Military districts, in the state of Kentucky,] which transcripts and copies he shall carefully preserve as a part of the records of his office, and from which he may give copies, as from the originals, to be used in all cases of controversies in the courts of the United States, about lands in the said district, in the state of Ohio.

§ 4. And be it further enacted, That it shall and may be lawful for the personal representatives of the said Richard C. Anderson, before the delivery of the books, records, papers, and copies herein specified, to require of the surveyor appointed under the provisions of this act, bond with good and sufficient security, to be approved of by the County Court of the County of Jefferson, in the state of Kentucky, if not approved of by the personal repreIn penal sum sentatives of said Richard C. Anderson, in the penal sum of ten

of $10,000.

thousand dollars, conditioned that the said surveyor shall pay over to the said Anderson's personal representatives all such sums of money due, or to become due to said Anderson or his representatives, for fees due, services performed, or business done by said Anderson, as late surveyor in said office, and which may

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