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May 23, 1828.

Assent al

the United States to the

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 enacted, That the stated sessions of said court shall be held on the first Mondays of May and November annually, at Key West; and such 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 proportion of salvage to be paid to the salvors in kind; and that the property saved shall be divided accordingly, under the inspection of the officers of the court, and before it shall have been taken out of the custody of the revenue officers.

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, May 23, 1828.

CHAP. LXXXV.—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 purpose."(a) Be it enacted by the Senate and House of Representatives of the United ready given by States of America, in Congress assembled, That the assent already given by the United States to the charter of the Chesapeake and Ohio Canal Company, by an act of Congress, entitled "An act confirming an act of Chesapeake and the legislature of Virginia, entitled an act incorporating the Chesapeake and Ohio Canal Company;" and an act of the state of Maryland confirming the same, shall not be impaired by any change of the route of the said canal, from or above the town of Cumberland, on the river

charter of the.

Ohio Canal by an act of Congress incorpo

rating, and of

(a) For the acts of the states of Virginia and Maryland, and of the Congress of the United States, incorporating the Chesapeake and Ohio Canal Company, the proceedings of the general special meeting of the Potowmac Company declaring their assent thereto, made necessary by said acts, to which, are added extracts from the charter of the Potowmac Company; see Appendix, No. 1.

pre

Potomac, or the distribution thereof into two or more sections, at any
time hereafter, or any change in the dimensions of that part of the
sent eastern section, extending from Cumberland, or the mouth of Will's
Creek, to the mouth of Savage, at the base of the Alleghany, or any
substitution which the interest of the Chesapeake and Ohio Canal Com-
pany may, in the opinion of the company, require to be made, of in-
clined planes, rail-ways, 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.

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 incorporated by either or both of those states, to extend a branch from the said canal, or to prolong the same, from the termination thereof, by a continuous canal, within, or through the District of Columbia, towards the territory of either of those states, shall be deemed and taken to be as full 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, on either or both sides of the river Potomac, within the District of Columbia : Provided, That nothing herein contained 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.

SEC. 3. And be it further enacted, That the act of the legislature of Maryland, which passed at their December 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 same is hereby, confirmed, so far as the assent of Congress may be deemed necessary thereto.

APPROVED, May 23, 1828.

firming, the Maryland consame not to be impaired by any change, &c.

Act of March 3, 1825, ch. 52.

To obviate

ambiguity, that any possible might arise in the construction of the 2d act of Congress aforesaid, the authority given

section of the

to the states of

Maryland and
Virginia, &c.

shall be as full

&c.

Proviso.

Act of the

Maryland of legislature of Dec. 1837, confirmed.

STATUTE I.

CHAP. LXXXVI.-An Act authorizing a subscription to the stock of the Chesa- May 24, 1828. peake and Ohio Canal Company.

regu

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 and directed to subscribe, in the name and for the use of the United States, for ten thousand shares of the capital stock of the Chesapeake and Ohio Canal Company, and to pay for the same, at such times, and in such proportions, as shall be required of and paid by the stockholders, generally, by the rules and lations of the company, out of the dividends which may accrue to the United States upon their bank stock in the bank of the United States: Provided, That not more than one fifth part of the sum, so subscribed for the use of the United States, shall be demanded, in any one year, after the organization of the said company; nor shall any greater sum be paid on the shares so subscribed for, than shall be proportioned to assessments made on individual or corporate stockholders: And provided, moreover, That, for the supply of water to such other canals as the state of Maryland, or Virginia, or the Congress of the United States, may authorize to be constructed, in connection with the Chesapeake and Ohio Canal, the section of the said canal leading from the head of the Little Falls of the Potomac river, to the proposed basin, next above Georgetown, in the District of Columbia, shall have the elevation, above the tide of the

2 B 2

Secretary of

the name of the

the Treasury in United States,

to subscribe for of the capital 10,000 shares stock of the Chesapeake and

Company.

Ohio Canal

Proviso.

Proviso.

Secretary of

the Treasury to vote for president, &c., of said company, according to

the number of

shares purchas

ed for the United States.

river at the head of the said falls, and shall preserve, throughout the whole section aforesaid, a breadth, at the surface of the water, of not less than sixty feet, and a depth, below the same, of not less than five feet, with a suitable breadth at bottom.

SEC. 2. And be it further enacted, That the said Secretary of the Treasury shall vote for the president and directors of the said company, according to such number of shares as the United States may at any time hold in the stock, thereof, and shall receive, upon the said stock, the proportion of the tolls which shall, from time to time, be due to the United States for the shares aforesaid; and shall have and enjoy, in behalf of the United States, every other right of a stockholder in the said company. APPROVED, May 24, 1828.

STATUTE I.

May 24, 1828.

Corporation of Washington, and Alexandria, to have several ly, full power, &c., to subscribe, &c.

Georgetown,

Corporations, severally au

thorized to bor

CHAP. LXXXVII.-An Act to enlarge the powers of the several corporations of the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the corporation of Washington, the corporation of Georgetown, and the corporation of Alexandria, within the District of Columbia, shall, severally, have full power and authority to subscribe and pay for shares of the stock of the Chesapeake and Ohio Canal Company; and all such subscriptions as shall have been already made by either of the said corporations, shall, and the same are hereby declared to be valid and binding on the said corporations, respectively.

SEC. 2. And be it further enacted, That the said corporations shall, severally, have power and authority, from time to time, as the same may be deemed by them, respectively, either necessary or expedient, to borrow money, at any rate of interest, not exceeding six per centum per annum, to pay their respective subscriptions, and the interest accruing ceeding six per thereon, to the amount which they have subscribed, or shall hereafter

row money, at any rate of interest not ex

cent. per an

num.

Certificates of

stock for the

sums borrowed

to be constituted.

Form.

A list of such certificates denoting their respective num

bers, &c., to be deposited with the Secretary of

the Treasury.

subscribe.

SEC. 3. And be it further enacted, That the said corporations shall be, and the same are hereby, respectively, empowered to cause to be constituted certificates of stock for the sums borrowed, in pursuance of the authority severally vested in them by this act; each of said certificates shall be of the form following, to wit:

City or town of [here insert the title of the city or town.] Mayor's Office. 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 sum above mentioned is to be paid on the in the year eighteen hundred which debt is recorded in this office and is transferable 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.

and

day of

-, Mayor.

-, Register, or other recording officer of the corporation. A list of all such certificates, denoting their respective numbers, dates, and sums, and the persons to whom the same shall have been issued, authenticated by the mayor, subscribing the same, shall be deposited by said officer at the time of subscribing the same, or within ten days thereafter, with the Secretary of the Treasury of the United States.

The said certificate shall not be issued, in any case, for a less sum

each, than one hundred dollars: The forgery of any such certificate, or of any transfer thereof, or of any power of attorney purporting to authorize such transfer, shall be punishable in like manner with the forgery of a certificate of the public debt of the United States.

SEC. 4. And be it further enacted, That the said corporations are, respectively, empowered to employ an agent, or agents, for the purpose of obtaining subscriptions to the loan or loans authorized by this act, or of selling from time to time, the certificates of stock which may be created in pursuance thereof, and to fix the compensation of such agent or agents, which they shall respectively pay, as well as all other expenses attending the said loans, out of the proceeds thereof, or of any other funds which they may respectively provide.

SEC. 5. And be it further enacted, That a tax, at the rate of one per centum and thirteen-hundredths of one per centum on the assessed value of the real and personal estates within the city of Washington, as shall appear by the appraisement thereof, made under the authority of the corporation, or of the several acts of Congress, hereinafter declared to be revived and in force, within the said corporation to be existing, at the time hereinafter limited for the collection of the said tax; and at the rate of fifty-six hundredths of one per centum on the assessed value of the real and personal estate within the town of Georgetown, as shall appear by the appraisement thereof, made under the authority of the corporation, or of the several acts of Congress hereinafter declared to be revived and in force, within the said corporation, to be existing at the time hereinafter limited for the collection of the said tax; and at the rate of fiftyeight hundredths of one per centum on the assessed value of the real and personal estate within the town of Alexandria, as shall appear by the appraisement thereof, made under the authority of the corporation of the said town, or of the several acts of Congress, hereinafter declared to be revived and in force, within the said corporation, to be existing at the time hereinafter limited for the collection of the said tax; be, and the same is hereby, imposed and assessed on the real and personal estate lying and being in the said city and towns: and, upon the failure of the said corporations, or of any of them, to pay, into the treasury of the United States, ninety days before the same shall become due, to the holders of the shares or certificates of such loan or loans, as aforesaid, according to the terms and conditions thereof, the sum, or sums which they or any of them shall have, respectively, stipulated to pay at the expiration of the period aforesaid, so that the same shall not be ascertained beforehand to be in readiness to meet the demand or claim about to arise on the shares or certificates of the said loan-the President of the United States shall be, and he is hereby, empowered to appoint a collector or collectors, whose duty it shall be to proceed and collect the tax imposed as above, on the real and personal estate in the said city and towns, or either of them, the corporation or corporations of which shall have so failed to pay as aforesaid, in advance, the sum or sums about to become due and demandable as aforesaid, or any part thereof remaining unpaid, as aforesaid, into the treasury, ninety days in advance; such part, in case a part only be so in arrear, to be rateably and equally assessed, levied, and collected, upon the property chargeable, as aforesaid, with the said tax, within the said city and towns, or either of them, making such default in paying as required, ninety days in advance as aforesaid; the appraisement or assessment of the value of the said estates, preparatory to the collection of the said tax, if not previously made by the said corporation, to be made in the mode prescribed, as aforesaid, in the several acts of Congress hereby revived and put in operation: Provided, That if satisfactory evidence be afforded the President of the United States, by the several corporations aforesaid, that they are proceeding, in good faith, to raise and pay, in due time, their

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Collector or

collectors to be appointed, to give bond, with good and sufficient securities,

for the faithful performance of the duties required by this act, &c.

Act of Feb. 27, 1815, ch. 60.

Tax to be

continued, &c., according to the provisions of this act. Proviso.

Where any loan or loans shall be negotiated by the corporation or any one of them.

portions, respectively, of the said loan or loans, and will be competent to raise the same by the means on which they rely, he shall be, and he is hereby, empowered to restrain such collector or collectors from proceeding to collect the said tax within the corporation affording the evidence aforesaid, until the expiration of the ninety days aforesaid, when if the amount of the said tax be not actually paid, the collection thereof shall proceed without further delay, on notice to the collector of such default. 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, 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.

SEC. 7. And be it further enacted, That the tax imposed by this act shall be continued and collected from time to time, according to the provisions and conditions of this act, and of the several acts aforesaid, so long as the proceeds 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 payment of the interest, or the redemption of the principal sum thereof, as shall dispense with the system of taxation provided by this act.

SEC. 8. And be it further enacted, That, in the event that any loan or loans shall be negotiated by the said corporations, or any one of them, to the extent, in whole or in part, of the subscription of one or all of the said corporations, to the stock of the Chesapeake and Ohio Canal Company, in conformity with the provisions of this act, and based upon the system of taxation therein provided, a copy or copies of the contract or contracts, for any and all such loans, shall, as soon as practicable after the execution thereof, be deposited, either by the corporation or corporations contracting such loan or loans or by the creditor or creditors interested therein, with the Secretary of the Treasury; and, out of all such sums as shall be paid, by the respective corporations, in advance, as aforesaid, on account of their several contracts, or as shall be levied and collected, in manner hereinbefore provided, the holders of the certificates of any such loan shall be entitled to receive, at the public treasury, such amount as may be due to them, respectively; and, on the occurrence of any deficiency in the sum or sums voluntarily paid in, or assessed and collected, within the said corporations, respectively, for the payment of their respective creditors, the extent of such deficiency shall be ascertained by the Secretary of the Treasury, from a reference to the terms of the loan or loans, in relation to which such deficiency may occur; and, being so ascertained and published in some one or more newspapers printed in the District of Columbia, the Secretary of the Treasury shall instruct the proper collector to proceed to collect, and pay into the public treasury, the said amount, with all lawful charges attending the same, according to such farther rateable assessment upon

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