Laws of the United States.

years after the passage of this act, and complete the same within ten years thereafter.

Sec. 4. And be it further enacted, That, if said State of Alabama shall apply the lands hereby granted, or the proceeds of the sales, or any part thereof, to any other use or object whatsoever, than as directed by this act, before said improvements shall have been completed, the said grant for all lands then unsold shall thereby become null and void: and the said State of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been sold, deducting the expenses incurred in selling

the same.

20th CONGRESS,

1st SESSION.

other intermediate sessions, from time to time, as the Judge, in his discretion, may think advisable and necessary. The Judge shall reside at the Island of Key West, and shall be entitled to receive, as a salary for his services, two thousand dollars per annum, to be paid quarterly, out of any moneys in the Treasury, not otherwise appropriated.

Sec. 3. And be it further enacted, That, whenever, in any case concerning wrecked property, or property abandoned at sea, the Judge aforesaid shall have determined the rate of salvage to be allowed to salvors, it shall be his duty, unless the salvage decreed shall have been adjusted, without recourse to vessel and cargo, to direct such Sec. 5. And be it further enacted, That the improve-proportion of salvage to be paid to the salvors in kind; ments of said navigation shall be commenced at the low- and that the property saved shall be divided accordingly, est point of obstruction in said river, within said State, under the inspection of the officers of the Court, and becontinued up the same until completed, and be calculat-fore it shall have been taken out of the custody of the Reed for the use of Steam Boats, according to such plan of venue officers. construction as the United States' Engineers, appointed to survey and report thereon, may recommend, and the President of the United States approve : Provided, That such plan shall embrace, if practicable, a connexion of the navigation of Elk river, with the said improvements. Sec. 6. And be it further enacted, That, after the completion of said improvements, the surplus of said grant, if any, shall be applied to the improvement of the naviga. tion of the Coosa, Cahawba, and Black Warrior rivers, in said State, under the direction of the Legislature thereof. Sec. 7. And be it further enacted, That the said rivers, when improved as aforesaid, shall remain forever free from toll for all property belonging to the Government of the United States, and for all persons in their service, and for all the citizens of the United States, unless a toll shall be allowed by an act of Congress.

Approved 23d May, 1828.

AN ACT making an appropriation for the erection of a
Breakwater near the mouth of Delaware bay.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States cause to be made, near the mouth of Delaware bay, a Breakwater.

Sec. 2. And be it further enacted, That the sum of two hundred and fifty thousand dollars be, and it hereby is, appropriated, towards the accomplishment of that object, and that the same be paid out of any money in the Treasury, not otherwise appropriated.

Approved, 23d May, 1828.

AN ACT to establish a Southern Judicial District in the
Territory of Florida.

Sec. 4. And be it further enacted, That, whenever it shall be ascertained, to the satisfaction of the Judge of said Court, that any of the property saved, is, from its character, not susceptible of being divided in the manner proposed, or that there are articles in the cargo of a perishable nature, it shall be his duty to direct a sale of the same, for the benefit of all concerned.

Sec. 5. And be it further enacted, That the property remaining, after separating the portion adjudged to the salvors, shall not be removed from such store as may be used for public purposes, nor disposed of in any other way, within nine months, unless by the order of the owners, or of their authorized agents; and that the duties accruing upon such property may be secured at any port in the United States, where the owners may reside.

Sec. 6. And be it further enacted, That no vessel shall be employed as a wrecker, unless under the authority of the Judge of said Court; and that it shall not be lawful to employ, on board such vessel, any wrecker who shall have made conditions with the captain or supercargo of any wrecked vessel, before or at the time of affording relief.

Approved: 23d May, 1828.

AN ACT for the relief of Marinus W. Gilbert. Be it enacted by the Senate and House of Represen tatives of the United States of America in Congress assembied, That the proper accounting officers of the Treadirected to ascertain and settle the claims of Marinus W. sury Department be, and they are hereby, authorized and Gilbert, late a sutler in the Army of the United States, on account of goods, wares, and merchandise, (being his sutler's stores) which were captured or destroyed by the British at French Mills, Constable, and Malone, in Febru

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be established another Judicial District in the Territory of Florida, to be called the Southern District, em-ary, eighteen hundred and fourteen, and were destroyed bracing all that part of the Territory which lies South of a line from Indian River on the East, and Charlotte harbor on the West, including the latter harbor; which said Court shall exercise all the jurisdiction within said District, as the other Superior Courts, respectively, exercise within their respective districts, and shall be subject to all the laws which govern or regulate the same; and there shall be appointed, for said district, a Judge: and he is hereby authorized to appoint a Clerk for said Court. There shall also be appointed an Attorney and Marshal, who shall exercise all the duties, give the same bond and security, and be entitled to the same salaries, fees, and compensation, that is now allowed, by law, to Attorneys and Marshals in other districts in the Territory.

Sec. 2. And be it further enated, That the stated sessions of said Court shall be held on the first Mondays of May and November, annually, at Key West; and such VOL. IV.-d.

by the United States' troops, by order of the commanding officer, to prevent their falling into the hands of the enemy, on the evacuation of the post at the French Mills, at the time aforesaid (the said Marinus W. Gilbert having been prevented from removing his said property to places of safety, by the teams which he had provided for the purpose, by the impressment of those teams into the service of the United States' Army) by order of the commanding officer: Provided, The said Marinus shall produce satisfactory proof of the quantity and value of such goods, at cost, and including carriage: And provided, The allowance for the same shall not exceed three thousand dollars in amount.

Sec. 2. And be it further enacted, That the amount thereof, when so ascertained, shall be paid out of any money in the Treasury, not otherwise appropriated. Approved: 23d May, 1828.

AN ACT for the relief of the legal representatives of States, which have been hitherto offered for sale, and
Merriwether Lewis.
which are now subject to entry at private sale.
Approved: 23d May, 1828.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, approved on the third day of March, one thousand eight hundred and seven, entitled "An act making compensation to Messrs. Lewis and Clark, and their companions, be, and the same is hereby, so extend ed, as to allow the legal representatives of Merriwether Lewis, deceased, the right of entering any of the public lands of the United States, subject to the entry at private sale, to the amount of the residue of the warrant of six. teen hundred acres issued to said Lewis, by virtue of said act, which has not heretofore been satisfied, or in applying the same, in payment for any public lands, in the same manner, and at the same rate, prescribed by said act. Approved: 23d May, 1828.

AN ACT for the relief of Edward Allen Talbot. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State be, and he is hereby, authorized and required to issue letters patent, in the usual form, to Edward Allen Talbot, for his improvement in a reciprocating steam-engine, for propelling vessels, upon his complying with all the provisions of the several acts of Congress relative to the issuing of letters patent for inventions and improvements, except so far as the said acts require, on the part of aliens, a residence of two years in the United States. Approved: 23d May, 1828.

AN ACT to amend and explain an act, entitled "An act confirming an act of the Legislature of Virginia, incorporating the Chesapeake and Ohio Canal Company, and an act of the State of Maryland, for the same pur pose."

AN ACT for the relief of Francis English, of Indiana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to cause a patent to be issued to Francis Be it enacted by the Senate and House of Representatives of English, of the State of Indiana, for the West half of the the United States of America in Congress assembled, That the Southeast quarter section twenty-four, township fourteen, assent already given by the United States to the charter of in range eight, in the district of land sold at Indianopolis, the Chesapeake and Ohio Canal Company, by an act of Conin that State, upon the said Francis English relinquishing gress, entitled "An act confirming an act of the Legislature to the United States, in such manner as the said Secreta- and Ohio Canal Company, and an act of the State of Maof Virginia, entitled an act incorporating the Chesapeake ry shall prescribe, the West half of the Southeast quarryland, confirming the same," shall not be impaired by any ter section of twenty-four, township fourteen, in range change of the route of the said Canal, from or above the nine, in the same district, entered for the said Francis by town of Cumberland, on the river Potomac, or the distri. bution thereof into two or more sections, at any time hereafter, or any change in the dimensions of that part of the the mouth of Will's Creek, to the mouth of Savage, st present Eastern section, extending from Cumberland, or the base of the Alleghany, or any substitution which the interest of the Chesapeake and Ohio Canal Company may, in the opinion of the Company, require to be made, of in clined planes, railways, or an artificial road, for a continued Canal, through the Alleghany mountain, in any route, which may be, by the Company, finally adopted therefor, between the town of Cumberland and the river Ohio.

mistake.

Approved: 23d May, 1828.

AN ACT for the relief of Dodd and Barnard, and others. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid, out of any money in the Treasury, not otherwise appropriated, to Dodd and Barnard, the sum of two hundred and twenty-nine dollars forty-five cents; to Alexander Morgan, forty dollars fourteen cents; and to Tilson Ripley, thirteen dollars seventy cents; the said sums being the amount of duties paid by them, respectively, on goods brought from Saint Augustine to Charleston, South Carolina, in the year one thousand eight hundred and twenty-one, and which were imported into Florida before the cession of that Territory to the United Approved: 23d May, 1828.

States.

AN ACT for the relief of Alexander Garden. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury be, and they are hereby, required to settle the account of Alexander Garden, and to allow him five years' full-pay, as Lieutenant in the Revolutionary war, which five years' full-pay is the commutation of his half-pay for life; to be paid out of any money in the Treasury, not otherwise appropriated.

Approved: 23d May, 1828.

AN ACT for the benefit of Andrew Wesbrook. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a patent or patents shall issue to Andrew Wesbrook, formerly of the Province of Upper Canada, but now a citizen of the United States, for a quantity of land equal to two sections of land, which may be located according to any of the legal subdivisions of the public lands, on any of the unappropriated lands of the United

Sec. 2. And be it further enacted, That, to obviate any possible ambiguity that might arise in the construction of the second section of the act of Congress aforesaid, the authority, by that act designed to be given, to the States of Maryland and Virginia, or to any company incorporat ed by either or both of those States, to extend a branch from the said Canal, or to prolong the same, from the termin ation thereof, by a continuous canal, within or through of those States, shall be deemed and taken to be as full the District of Columbia, towards the Territory of either and complete, in all respects, as the authority granted, by that act, to the Chesapeake and Ohio Canal Company, to extend the main stem of the said Canal, within the said District; or the authority reserved to the Government of the United States, to provide for the extension thereof, District of Columbia: Provided, That nothing herein conon either or both sides of the river Potomac, within the tained shall impair the restriction in the charter of the Chesapeake and Ohio Canal Company, designed to protect the Canal from injury, by the prolongation thereof, or by any branch therefrom.

Legislature of Maryland, which passed at their December
Sec. 3. And be it further enacted, That the act of the
Session, of one thousand eight hundred and twenty-seven,
entitled "An act further to amend the act incorporating
the Chesapeake and Ohio Canal Company," be, and the
gress may be deemed necessary thereto.
same is hereby, confirmed, so far as the assent of Con-
Approved: May 23d, 1828.

Laws of the United States.

"Be it known, that there is due from the Corporation of the city, (or town of) [here insert the title of the city or town of] unto [here insert the name of the creditor] or assigns, the sum of [here insert the amount in dollars] bearing interest at [here insert the rate of interest] per centum per annum, from the day of - -, eighteen hundred and —, inclusively, payable quarter yearly; the principal aum above mentionday of -, in the year ed is to be paid on the which debt is recorded in eighteen hundred and this office, and is transferrable only by appearance,in person, or by attorney, at this office.

"In testimony whereof, I have hereunto subscribed my name, and caused the seal of the said city to be affixed. -, Mayor.

have respectively stipulated to pay at the expiration of porations, or any one of them, to the extent, in whole or the period aforesaid, so that the same shall not be ascer- in part, of the subscription of one or all of the said Cortained beforehand to be in readiness to meet the demand porations, to the stock of the Chesapeake and Ohio Canal or claim about to arise on the shares or certificates of the Company, in conformity with the provisions of this act, said loan—the President of the United States shall be, and based upon the system of taxation therein provided; and he is hereby, empowered to appoint a Collector or a copy or copies of the contract or contracts, for any and Collectors, whose duty it shall be to proceed and collect all such loans, shall, as soon as practicable, after the exthe tax imposed, as above, on the real and personal estate ecution thereof, be deposited, either by the Corporation in the said city and towns, or either of them, the Corpo- or Corporations contracting such loan or loans, or by the ration or Corporations of which shall have so failed to creditor or creditors interested therein, with the Secretapay, as aforesaid, in advance, the sum or sums about to ry of the Treasury; and, out of all such sums as shall be become due and demandable as aforesaid, or any part paid, by the respective Corporations, in advance, as thereof remaining unpaid, as aforesaid, into the Treasury, aforesaid, on account of their several contracts, or, as ninety days in advance; such part, in case a part only be shall be levied and collected, in manner hereinbefore so in arrear, to be ratably and equally assessed, levied, provided, the holders of the certificates of any such loan and collected, upon the property chargeable, as aforesaid, shall be entitled to receive, at the Public Treasury, such with the said tax, within the said city and towns, or either amount as may be due to them, respectively; and on the of them, making such default in paying as required, nine- occurrence of any deficiency in the sum or sums, volunty days in advance, as aforesaid the appraisement or as- tarily paid in, or assessed and collected, within the said sessment of the value of the said estates, preparatory to Corporations, respectively, for the payment of their rethe collection of the said tax, if not previously made by spective creditors, the extent of such deficiency shall be the said Corporation, to be made in the mode prescribed, ascertained by the Secretary of the Treasury, from a reas aforesaid, in the several acts of Congress, hereby reference to the terms of the loan or loans, in relation to vived and put in operation: Provided, That, if satisfac- which, such deficiency may occur; and, being so ascertory evidence be afforded the President of the United tained, and published, in some one or more newspapers, States, by the several Corporations aforesaid, that they printed in the District of Columbia, the Secretary of the are proceeding, in good faith, to raise and pay, in due Treasury shall instruct the proper Collector to proceed time, their portions, respectively, of the said loan, or to collect, and pay into the Public Treasury, the said loans, and will be competent to raise the same by the amount, with all lawful charges attending the same, acmeans on which they rely, he shall be, and he is hereby, cording to such farther ratable assessment, upon the esempowered to restrain such Collector or Collectors from tates and property within the jurisdiction of the Corporaproceeding to collect the said tax within the Corporation tion in arrear, according to the provisions of this act, and affording the evidence aforesaid, until the expiration of of the several acts referred to therein, as shall be suffithe ninety days aforesaid, when, if the amount of the said cient to supply such ascertained deficiency; and, on the tax be not actually paid, the collection thereof shall pro- completion of such collection, the holder or holders of ceed, without further delay, on notice to the Collector, the certificates of the stock of the Corporation shall be of such default. due, and unprovided for, by the sums before paid in, or entitled to receive such amount as may have been found collected, on account of such Corporation. Approved: 24th May, 1828.

Sec. 6. And be it further enacted, That the Collector or Collectors, who may be appointed as aforesaid, shall give bond, with good and sufficient security, for the faithful performance of the duties required by this act, and shall possess all the powers, be subject to all the obligations, and proceed, in all respects, in the discharge of his or their duties, in collecting the said tax, as the several Collectors possessed, were subject to, and were required to do, by an act, entitled "An act to provide additional revenues for defraying the expenses of Government, and maintaining the public credit, by laying a direct tax upon the District of Columbia," approved the twenty-seventh of February, one thousand eight hundred and fifteen, and by the several acts of Congress therein referred to, or which were subsequently passed, in order to alter or amend the same; all of which acts, for the effectual fulfilment of the purpose of this act, and according to the tenor and intent thereof, are hereby declared to be revived, and in full force, within the limits of the several Corporations aforesaid.

AN ACT in addition to an act, entitled "An act concerning discriminating duties of Tonnage and Impost," and to equalize the duties on Prussian vessels and their car

goes.

of the United States of America in Congress assembled, Be it enacted by the Senate and House of Representatives That, upon satisfactory evidence being given to the President of the United States, by the Government of any foreign nation, that no discriminating duties of tonnage or impost are imposed or levied, in the ports of the said nation, upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise, imported in the same from the United States, or from any foreign country, the President is hereby authorized to issue his proclamation, declaring that Sec. 7. And be it further enacted, That the tax impos- within the United States, are, and shall be, suspended the foreign discriminating duties of tonnage and impost, ed by this act shall be continued and collected, from time and discontinued, so far as respects the vessels of the said to time, according to the provisions and conditions of this foreign nation, and the produce, manufactures, or meract, and of the several acts aforesaid, so long as the pro-chandise, imported into the United States in the same, ceeds thereof may, by any possibility, be required, to meet the payment of the several loans authorized as aforesaid: Provided, however, That all or either of the said Corporations may, in the negotiation of such loan, or loans, as they, or either of them, shall deem it expedient to make, in pursuance of the authority vested in them by this act, stipulate such terms or conditions, for the pay-and no longer. ment of the interest, or the redemption of the principal sum thereof, as shall dispense with the system of taxation provided by this act.

from the said foreign nation, or from any other foreign country; the said suspension to take effect from the time of such notification being given to the President of the United States, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, as aforesaid, shall be continued,

higher rate of duties shall be imposed or collected on Sec. 2. And be it further enacted, That no other or Sec. 8. And be it further enacted, That, in the event ever coming, nor on their cargoes, howsoever composed. vessels of Prussia, or of her Dominions, from whencessthat any loan or loans shall be negotiated by the said Cor-than are, or may be, payable on vessels of the United States and their cargoes.

Laws of the United States.