their opinion, may be advantageous to the United States; any thing in any act of Congress to the contrary notwithstanding. SEC. 3. And be it further enacted, That the fourth and fifth sections of the act, entitled "An act to provide for the redemption of the public debt," approved on the third of March, one thousand eight hundred and seventeen, are hereby repealed. SEC. 4. And be it further enacted, That the sum of two hundred thousand dollars, being the balance of the sums heretofore appropriated for the expenses of taking the next census, and which will not be required for that purpose, be, and the same is hereby, directed to be passed to the surplus fund upon the last day of the year one thousand eight hundred and thirty, any law to the contrary notwithstanding. APPROVED, April 24, 1830. Secs. 4 & 5, of act of March 3, 1817, ch. 87, repealed. $200,000, of sums appropriated for taking census, to be passed to surplus fund. STATUTE I. CHAP. LXXIX.-An Act to extend the time for commencing the improvement of April 24, 1830. the navigation of the Tennessee river. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the time for commencing the improvement of the navigation of the Tennessee river, under an act of Congress" to grant certain relinquished and unappropriated lands to the state of Alabama, for the purpose of improving the navigation of the Tennessee, Cahawba, and Black Warrior rivers," approved the twenty-third day of May, one thousand eight hundred and twenty-eight, be, and the same is hereby, extended to the first day of December next. APPROVED, April 24, 1830. [Expired.] Time for com &c. mencing, extended to 1st Dec. 1830. Act of May 23, 1828, ch. 75. CHAP. LXXXIV.-An Act for the re-appropriation of certain unexpended balances of former appropriations. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums, being unexpended balances of former appropriations for sundry objects of the service of the War Department, and in relation to Indian affairs, which remained in the treasury on the last day of the year one thousand eight hundred and twenty-nine, and are now subject to the provisions of the law directing such balances to be carried to the account of the surplus fund, be, and the same are hereby re-appropriated to the several objects, respectively, of their original appropriation. For the materials for a fort on the right bank of the Mississippi, one hundred and ninety-two dollars. STATUTE I. April 30,1830. lances of 1829, Fort on Mississippi. Georgia mili 1792, &c. For the Georgia militia claims for one thousand seven hundred and ninety-two, one thousand seven hundred and ninety-three, and one thou- tia claims, for sand seven hundred and ninety-four, appropriated by act of March second, one thousand eight hundred and twenty-seven, forty-one thousand and five dollars and forty-four cents. For the expenses of the militia of Georgia and Florida, for the sup pression of Indian aggressions on their frontiers, by act of March second, one thousand eight hundred and twenty-seven, five thousand dollars. For the remaining purchase money of a house and lot at Eastport, in Maine, five dollars and thirty-two cents. For the removing obstructions in the Saugatuck river, twenty-eight dollars. For the building of piers at the entrance of La Plaisance bay, eightynine dollars and eleven cents. For the road from fort Towson to fort Smith, three hundred and ninety dollars and eighty-five cents. 1834, ch. 59. 1827, ch. 29. Georgia and Florida militia expenses. 1827, ch. 29. House, &c. at Eastport. Saugatuck ri ver. Road from Pensacola, &c. Road in Florida. The Choctaw treaty, Oct. 11, 1820. 1821, ch. 35. 1824, ch. 155 1827, ch. 29. Cherokee treaty. Choctaw and Chickasaw treaty. Purchase land in Georgia. 1823, ch. 27. Gratuity to disbanded offi cers. Custom and warehouse, Mobile. For the road from Pensacola to St. Augustine, five thousand three hundred and sixty-nine dollars and seventy-two cents. For the road, called the King's road, in Florida, two thousand dollars. For carrying into effect a treaty with the Choctaw Indians, datea eleventh of October, one thousand eight hundred and twenty, the balance of the sum appropriated by the act of March third, one thousand eight hundred and twenty-one, re-appropriated by the act of May twenty-sixth, one thousand eight hundred and twenty-four, and again by an act of March the second, one thousand eight hundred and twenty-seven, being twenty-one thousand seven hundred and thirty-seven dollars. For carrying into effect the treaty with the Cherokee Indians, and extinguishing their claim to lands within the state of North Carolina, two thousand four hundred and fifty-nine dollars nineteen cents. For defraying the expenses of treating with the Choctaw and Chickasaw Indians, for extinguishing their title to lands within the limits of the state of Mississippi, one thousand two hundred and fifty-three dollars seventy-nine cents. For purchasing certain tracts of land within the state of Georgia, reserved by treaties in fee to the Creeks, and to the Cherokee Indians, the balance of the appropriation of fifty thousand dollars, made for those objects by an act of March the third, one thousand eight hundred and twenty-three, being nine thousand one hundred and eighty-three dollars. For gratuitous pay for disbanded officers and soldiers, including travelling allowances for the same, five hundred and forty dollars and ten cents, being the unexpended balance of appropriations for those objects carried to the surplus fund on the last day of the year one thousand eight hundred and twenty-six. For the purpose hereinafter stated, to wit: the sum of eight thousand dollars, appropriated for the erection of a custom and warehouse at 1828, ch. 89. Mobile, by act of May twenty-fourth, one thousand eight hundred and twenty-eight, be, and the same is hereby, re-appropriated, and an additional appropriation of eight thousand dollars to complete the same on an enlarged plan, be, and the same is hereby, made, to be paid out of any unappropriated money in the treasury. APPROVED, April 30, 1830. STATUTE I. May 5, 1830. [Obsolete.] Certain pur chasers of land in Louisiana au thorized to enter them. Proviso: This privilege restricted to lands which have not been paid for and entered by any other persons, &c. CHAP. LXXXVI.—An Act to authorize the registers of the several land offices in Louisiana, to receive entries of lands in certain cases, and give to the purchasers thereof certificates for the same. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in all cases where persons have purchased lands of the United States within the state of Louisiana, and have paid in full therefor, and who have failed or omitted to enter the same, the register of the land office of the district in which the land was purchased shall, on presentation of the original receipt of the receiver of said district by the original purchaser or purchasers of the land, his, her, or their heirs, cause an entry thereof to be made, and give to him, her, or them a certificate for the same, specifying the time when the land was purchased, upon which a patent shall be issued as in other cases: Provided, however, That if, in the intermediate time between the purchase and presentation of the said receipt, any of the said lands shall have been paid for and entered by any other person or persons, ignorant of the former purchase, the said register shall not enter the same lands, but may permit the party to enter other lands in lieu thereof, of equal quantity, within the same district, which may be subject to entry, and shall give him, her, or them a certificate therefor, upon which a patent shall issue as in other cases APPROVED, May 5, 1830 CHAP. LXXXVII.—An Act to authorize the appointment of a marshal for the northern district of the state of Alabama. STATUTE I. May 5, 1830. Marshal cre Alabama. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That a marshal shall be ap- ated for North pointed for the northern district of the state of Alabama, whose duties shall be the same, in every respect, within said district, as those required by law to be performed by the present marshal. SEC. 2. And be it further enacted, That when a marshal shall be appointed for said northern district, he shall be entitled to a şalary of two hundred dollars per annum, besides the fees of office fixed by law. And the salary of the present marshal be two hundred dollars per annum, instead of the sum heretofore allowed. The sum allowed, by law, to the marshal of Alabama, for taking the fifth census, shall be divided between the marshals of south and north Alabama, according to the number of souls enumerated in each district; and so soon as the marshal for the northern district shall be appointed under this act, the duties of the present marshal shall cease and determine in said district. APPROVED, May 5, 1830. CHAP. LXXXIX.-An Act to change the time of holding the court of the United States for the district of Mississippi, and the circuit court of the United States in the district of Ohio. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That instead of the times now prescribed by law for holding the court of the United States for the district of Mississippi, the said court shall commence its sessions on the fourth Monday in January, and the fourth Monday in June, in each and every year. Salary, fees. STATUTE I. May 5, 1830. Sessions of district court to begin 4th Monday in Jan. and 4th Monday in June. Vol. iii. 611. Process return Causes conti Circuit court SEC. 2. And be it further enacted, That all process which may have issued from said court, at the passage of this act, and which may issue able, &c. previous to the fourth Monday of June next, shall, by virtue of this act, be returnable before the said court on that day; and all causes pending in the said court, and which may have been continued by order thereof, nued, &c. to the term heretofore directed to be held on the first Monday in October next, shall, by virtue of this act, stand continued to and be triable at the term hereby directed to be held on the fourth Monday in June next. SEC. 3. And be it further enacted, That the circuit court of the United States, within and for the district of Ohio, instead of the time now fixed by law, shall hereafter be held on the second Monday of July, and the third Monday of December, in each year; and the district court of the United States, in and for said district, shall hereafter be held on the Mondays next succeeding the times herein fixed for holding the circuit court. And the circuit court for the district of west Tennessee, shall hereafter be held on the first Monday in September in each year, instead of the time now fixed by law. And all suits and matters of every kind returnable to, or pending in, either of said courts, shall be held to be returnable, and continued, to the terms of said courts herein provided for. APPROVED, May 5, 1830. in Ohio to be held 2d Monday in July and 3d Monday in Dec. District court to be held, &c. Process, &c. STATUTE I. CHAP. XC.-An Act for further extending the powers of the judges of the superior May 8, 1830. court of the territory of Arkansas, under the act of the twenty-sixth day of May, one thousand eight hundred and twenty-four, and for other purposes. (a) 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 173, continued. (a) See notes to the act of May 26, 1824, ch. 173. Act of May 26, 1824, ch. Court in Ar kansas autho rized to revise certain decrees, &c. and to re verse them. twenty-sixth day of May, one thousand eight hundred and twenty-four, entitled "An act to enable claimants to lands within the limits of the state of Missouri and territory of Arkansas, to institute proceedings to. try the validity of their claims," shall be, and hereby is, continued in force, so far as the said act relates to the claims within the territory of Arkansas, until the first day of July, one thousand eight hundred and thirty-one, for the purpose of enabling the court in Arkansas, having cognisance of claims under the said act, to proceed by bills of review, filed, or to be filed, in the said court, on the part of the United States, for the purpose of revising all or any of the decrees of the said court in cases wherein it shall appear to the said court, or be alleged in such bills of review, that the jurisdiction of the same was assumed, in any case, on any forged warrant, concession, grant, order of survey, or other evidence of title; and, in every case wherein it shall appear to the said court, on the prosecution of any such bill of review, that such warrant, concession, grant, order of survey, or other evidence of title, is a forgery, it shall be lawful, and the said court is hereby authorized to proceed, by further order and decree, to reverse and annul any prior decree or adjudication upon such claim; and thereupon such prior decree or adjudication shall be deemed, and held in all places whatever, to be null and Mode of pro- void to all intents and purposes. And the said court shall proceed on ceeding. such bills of review, by such rules of practice and regulations as they may adopt, for the execution of the powers vested or confirmed in them by this act. No entries of SEC. 2. And be it further enacted, That no entries of land in any of land to be made the land offices in Arkansas, under any of the provisions of the said act, shall be made, until the further direction of Congress. until, &c. Requisites to the issuing of patents under decrees of said court: 1st. Original warrant, &c. to be pro duced, &c. ness of this war- satisfaction of commissioner of general land office, or of said court upon review. Entries, patents, &c. not to be made, cept, &c. ex In case of reversal, &c. lands to be sub SEC. 3. And be it further enacted, That no patent shall be issued for lands under any decree of the said court, in any case in which the original warrant, concession, grant, or order of survey, has been withdrawn from the files of the said court, unless the person or persons claiming such patent shall first produce and deposit, in the office of the commissioner of the general land office, the original warrant, concession, grant, or order of survey, on which such decree was founded, and on which the said court took jurisdiction under the said act; and no patent shall be issued until the further order of Congress, in any case, under the said act, until it shall satisfactorily appear to the commissioner of the general land office that the warrant, concession, grant, or order of survey, on which any lands are claimed, under any decree of the said court, was, in fact, made or issued by or under the authority of the person or persons purporting to have made or issued the same, or unless the said warrant, concession, grant, or order of survey shall have been determined by the said court, on the hearing of a bill of review, to be genuine. SEC. 4. And be it further enacted,]That no entry, survey, or patent, shall, at any time hereafter, be made or issued under the said act, except in the name of the original party to any such decree, and on proof to the satisfaction of the officers, respectively, that the party applying is such original party, or is duly authorized by such original party, or his heirs, to make, receive, or require such entry, patent, or survey. SEC. 5. And be it further enacted, That in all cases in which the said court shall, by decree or adjudication, under this act, review and annul ject to sale, &c. any prior decree or adjudication therein, any lands which may have been heretofore entered, under any such prior decree or adjudication, shall, thereafter, be subject to sale or entry as other public lands of the United States may be. President of U.S. authorized to employ addi tional counsel. SEC. 6. And be it further enacted, That the President of the United States is hereby authorized to employ, on behalf of the United States, such counsel on their part, in the territory of Arkansas, or elsewhere, to be associated for that purpose with the district attorney of the same territory, as he may deem the interests of the United States may require, in the prosecution of such bills of review before the said court. Appeal to the United States. Supreme Court SEC. 7. And be it further enacted, That, in all cases, the party against whom the judgment or decree of the said court may be finally given, shall be entitled to an appeal, within one year from the time of its rendition, to the Supreme Court of the United States, which court shall have power to review the decision of the court below, both on the law and the facts; and the court in Arkansas be, and the same is hereby required to spread upon the record the whole testimony, together with the reasons peal. for their decision in each case, and to transmit to the Supreme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title. Grounds of ap Extra compen sation to judges, $800 dollars per annum. SEC. S. And be it further enacted, That each of the judges of the supreme court of the territory of Arkansas shall, while in the discharge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as judges of the superior court for the territory of Arkansas, which shall be in full for their services, to be paid out of any money in the treasury, not other- Appropriation. wise appropriated. APPROVED, May 8, 1830. STATUTE I. CHAP. XCI.—An Act supplementary to the act, entitled “An act to authorize the citizens of the territories of Arkansas and Florida to elect their officers, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in case any vacancy has occurred, or shall occur in any office to which any person has been, or shall be elected by the citizens of Arkansas, under the provisions of the act to which this is a supplement, either by a refusal to accept the same, or by death, resignation, or otherwise, the governor of the said territory is hereby authorized and required to supply such vacancy, until the next general election; and in case any vacancy shall occur, in the offices of justice of the peace, auditor, or treasurer for the said territory, either by a refusal to accept the same, or by death, resignation, or otherwise, the governor thereof is hereby authorized and required to supply such vacancy until the next meeting of the legislature. APPROVED, May 8, 1830. CHAP. XCII.-An Act to authorize the re-conveyance of a lot of land to the May 10, 1830. mayor and corporation of the city of New York. WHEREAS the mayor and corporation of the city of New York, on the sixth May, one thousand eight hundred and eight, did convey to the United States, a lot of land at the foot of Hubert-street, in the city of New York, called the North Battery," so long as the same should be used and applied to the defence and safety of the port of New York, and no longer :" Be it therefore enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, whenever the President of the United States shall determine that the said lot is no longer useful for the purposes aforesaid, he be, and he hereby is, authorized to cause the same to be re-conveyed to the mayor and corporation of New York, the works thereon to be dismantled, and the materials thereof to be disposed of, in such manner as, in his judgment, the public interest may require. APPROVED, May 10, 1830. 2 L2 President of United States authorized to reconvey North Battery_to_the city of New York, &c. |