STATUTE I. May 14, 1830. Draw to be made. &c. $6000 appropriated. Lamps to be kept, &c. Width may be reduced to 24 feet, &c. Form of warps. Sec. of War tor of this work. CHAP. XCV.-An Act to alter the bridge and draws across the Potomac, from Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the corporation of Georgetown, in the District of Columbia, be, and they are hereby, authorized, within six months from the passing of this act, to form a draw in the bridge leading from Washington city to Alexandria, across the Potomac river, not less than sixty-six feet in length, nor less than twelve feet wide; and for defraying the expense of making said draw, the sum of six thousand dollars be, and the same is hereby, appropriated, out of any unappropriated money in the treasury. SEC. 2. And be it further enacted, That the Washington Bridge Company shall hereafter be required to keep eight reflecting lamps, to be lighted during the night, of which four shall be at the principal draw, two at the smaller draw, and one at each end of the bridge; and in repairing said bridge, the company may, and hereby are, permitted to reduce the width of the bridge to twenty-four feet, leaving four feet on one side of said bridge for foot-passengers, which shall, by a strong and sufficient railing, be separated from the carriage-way. SEC. 3. And be it further enacted, That, in making said draw, the opposite side of the warps, above and below the bridge, shall be curved off in circular form; and the sides of the spaces covered by said draw, shall be sufficiently and strongly planked up on each side; and said bridge company shall remove from the passage through it, all obstructions to safe navigation. SEC. 4. And be it further enacted, That so soon as the Secretary to be the inspec- of War shall be fully satisfied that the work contemplated by this act to be done, under the superintendence and authority of the corporation of Georgetown, is properly and sufficiently well done, and is entirely safe for Appropriation the passing of wagons, then, and not before, shall the appropriation herein made condition be paid, or so much of the same as shall be sufficient to meet the ally. expenses of making said draw. Passage over bridge not to be interrupted for more than sixty days. Penalty. Consequences poration to, &c. SEC. 5. And be it further enacted, That said corporation of George town shall not interrupt the passage across said bridge for a longer period than sixty days, under the penalty of paying to the bridge company, an amount equal to ten dollars, for each and every day over sixty days, that the passing of said bridge may be interrupted. SEC. 6. And be it further enacted, That if said company shall refuse of refusal of Cor- to the corporation of Georgetown the right to execute the provisions of this act, then the rights and provisions in favour of said company, secured by the second section of this act, shall be null and void, and of no effect. SEC. 7. And be it further enacted, That if the said company shall refuse to permit the alteration in the draw herein provided for, and shall, within thirty days after the passage of this act, notify the corporation of Georgetown of such refusal, then this act, and every thing therein contained, shall cease to have effect. SEC. 8. And be it further enacted, That the corporation of Washington, in the said District of Columbia, be authorized to form a draw in said bridge, over the eastern channel of said river, thirty-five feet wide; for which purpose the sum of two thousand dollars is hereby appropriated, and is to be applied in the same manner, by the corporation of Washington, to the construction of the said last-mentioned draw, as the appropriation in the first section of this act is to be made and applied by the corporation of Georgetown, to the construction of the first-mentioned draw; and, further, that all the provisions of this act, relating to the firstmentioned draw and the corporation of Georgetown, shall apply to the draw last mentioned and the corporation of Washington. SEC. 9. And be it further enacted, That nothing contained in this act shall be considered as giving a construction to so much of the tenth and eleventh sections of the original charter of said bridge company, as relates to the construction of draws in said bridge. APPROVED, May 14, 1830. This act not to be considered as construing, &c. STATUTE I. CHAP. XCVI.—An Act to alter the time of holding the sessions of the legislative May 14, 1830. council of the territory of Florida. [Obsolete.] Times for ses com mence. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legislative council sions to of the territory of Florida shall commence its session on the first Monday in January in each year, instead of the second Monday in October, as now directed by law. SEC. 2. And be it further enacted, That the first and third sections of an act "to amend an act for the apprehension of criminals and the punishment of crimes and misdemeanors," passed by said legislative council the fifteenth day of November, eighteen hundred and twentynine, be, and the same are hereby annulled. APPROVED, May 14, 1830. Certain enact ments of the legislative council annulled. CHAP. XCVIII.-An Act to establish a port of delivery at Delaware City. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That Delaware City, in the district of Philadelphia, shall be a port of delivery; and a surveyor shall be appointed, who shall reside at said city. APPROVED, May 20, 1830. CHAP. XCIX. -An Act making appropriations to carry into effect the treaty Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and they are hereby, appropriated, to be paid out of any unappropriated money in the treasury, to carry into effect a treaty with the Chippewa, Menomonie, and Winnebago Indians, ratified the twenty-third February, one thousand eight hundred and twenty-nine, viz: STATUTE I. May 20, 1830. Port of Delivery established. STATUTE I. May 20, 1830. [Obsolete.] Appropriations for treaty with Chippewas, &c. Distributing For the expense of distributing goods among the Indians at said treaty, as stipulated in the fourth article, fifteen thousand six hundred and eighty- goods. two dollars. For purposes of education, as provided by the fifth article, for three years, three thousand dollars. For compensation of commissioners, and other expenses attending the adjustment of boundaries, and other objects referred to in the first, second, and third articles, five thousand dollars. APPROVED, May 20, 1830. Education. Boundary com missioners, &c. STATUTE I. May 20, 1830. [Obsolete.] CHAP. CI.-An Act to reduce the duties on coffee, tea, and cocoa. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the thirty- Duty on coffee, first day of December, one thousand eight hundred and thirty, the duty on coffee shall be two cents per pound, and from and after the thirty 1833, ch. 23. Cocoa. Teas imported from China, &c. Teas imported from any other place, or in foreign bottoms, &c. These duties applied to tea, &c., remaining in custom-house stores, &c. Proviso. first day of December, one thousand eight hundred and thirty-one, the duty on coffee shall be one cent per pound, and no more; and from and after the thirty-first day of December, one thousand eight hundred and thirty, the duty on cocoa shall be one cent per pound, and no more. And that from and after the thirty-first December, one thousand eight hundred and thirty-one, the following rates of duty and no other, shall be levied and collected on teas imported from China, or other place east of the Cape of Good Hope, and in vessels of the United States, to wit: Imperial, Gunpowder, and Gomee, twenty-five cents per pound; Hyson and Young Hyson, eighteen cents per pound; Hyson Skin, and other green teas, twelve cents per pound; Souchong and other black teas, except Bohea, ten cents per pound, and Bohea four cents per pound; and on teas imported from any other place, or in vessels other than those of the United States, the following rates, to wit: Imperial, Gunpowder, and Gomee, thirty-seven cents; Hyson, and Young Hyson, twenty-seven cents; Hyson Skin, and other green teas, twenty cents; Souchong, and other black teas, except Bohea, eighteen cents; and Bohea, six cents per pound. SEC. 2. And be it further enacted, That tea, cocoa, and coffee, which have been, or which shall be hereafter, put into the custom-house stores, under the bond of the importer, and which shall remain under the control of the proper officer of the customs, on the thirty-first of December, one thousand eight hundred and thirty, and the thirty-first day of De cember, one thousand eight hundred and thirty-one, respectively, shall be subject to no higher duty than if the same were imported, respectively, after the said thirty-first day of December, one thousand eight hundred and thirty, and the thirty-first day of December, one thousand eight hundred and thirty-one: Provided, That nothing herein contained shall be construed to alter or postpone the time when the duty on the said tea, cocoa, and coffee shall be payable. APPROVED, May 20, 1830. STATUTE I. May 20, 1830. Act of May 26,1824, ch.181. Mode of draw ing and empan neling juries to conform to that of the state courts. Duties of mar shal and judge, &c., to conform to those of the state sheriff and judges. CHAP. CII.—An Act to amend an act, entitled "An act to regulate the practice in the courts of the United States, for the district of Louisiana. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the mode of proceeding in drawing and empanneling juries in the courts of the United States for the Louisiana districts, shall be the same as is now provided by law in the district courts of the state of Louisiana; and that the judge of the United States' courts in said district be, and he is hereby authorized, by rule, to adopt any amendment that may hereafter be made to the laws of the said state, prescribing the qualification of jurors, and providing for drawing and empanneling juries. SEC. 2. And be it further enacted, That all the duties prescribed by the laws of the state of Louisiana, to be performed by the sheriff, in relation to the drawing and summoning of jurors, shall be performed by the marshals, and those so prescribed for the parish judge, or the district judge of the state, shall be performed by the district judge of the United States. And that the duties so prescribed by the said state laws, imposed on any other state officer, shall be performed by such householders as shall be designated by the said judge of the district court of the United States. APPROVED, May 20, 1830. (a) See notes to the act of May 26, 1824, ch. 181. STATUTE I. CHAP. CV.-An Act to quiet the titles of certain purchasers of lands, between the May 26, 1830. lines of Ludlow and Roberts, in the state of Ohio. 1831, ch. 19. Appropriation Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the of $62,515 25, United States be, and he is hereby, authorized to pay, out of any money military claimto pay Virginia in the treasury, not otherwise appropriated, to the Virginia military claim- ants. ants of lands situated between the two lines in the state of Ohio, commonly called Ludlow's and Roberts' lines, and south of the Greenville treaty line, located prior to the twenty-sixth day of June, in the year of our Lord one thousand eight hundred and twelve, the sum of sixty-two thousand five hundred and fifteen dollars and twenty-five cents, with interest thereon from the fourth March, eighteen hundred and twenty-five, at six per cent. per annum, until paid; being the amount at which said lands were valued, exclusive of improvements, under the act of Congress, entitled "An act to authorize the President of the United States to enter into certain negotiations relative to the lands located under Virginia military land warrants, lying between Ludlow's and Roberts' lines, in the state of Ohio;" Provided however, That before the payment of said sum, the said claimant or claimants shall relinquish, by deed or deeds, to the United States, in such manner as the President shall direct, their title or titles to the said lands. SEC. 2. And be it further enacted, That the payments aforesaid shall be made as directed to the said claimants, according to the valuation of their respective tracts of land, made under the above-recited act of Congress. APPROVED, May 26, 1830. Act of May 26, 1824, ch. 188. Proviso: Titles to be relinquished. Payment to be made accord ing to valuation. CHAP. CVI.—An Act to provide for the final settlement of land claims in Florida. (a) STATUTE I. May 26, 1830. Certain claims cept, &c. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the claims and titles confirmed, exto land filed before the register and receiver of the land office, acting as commissioners, in the district of East Florida, under the quantity contained in one league square, which have been decided and recommended for confirmation, contained in the reports, abstracts and opinions, of said register and receiver, transmitted to the Secretary of the Treasury, according to law, and referred by him to Congress, on the fourteenth day of January, one thousand eight hundred and thirty, be, and the same are hereby confirmed, with the exception of such claims as were confirmed by the Spanish government, subsequent to the twenty-fourth of January, one thousand eight hundred and eighteen, which shall be re-examined and reported, with the evidence by the register and receiver, before the next session of Congress, to the Secretary of the Treasury, to be laid before Congress. Report to be laid before Con gress. (a) See notes of the decisions of the Supreme Court, as to Florida land claims, vol. iii. p. 709. Where the Supreme Court has affirmed the title to lands in Florida, and referred in its decree to a particular survey, it would not be proper in the court below to open the case for a rehearing, for the purpose of adopting another survey. Chaires v. The United States, 3 Howard, 611. The court below can only execute the mandate of the Supreme Court; it has no authority to disturb the decree, and can only settle what remains to be done. İb. The act of 26th May, 1830, ch. 106, providing for the final settlement of land claims in Florida, must be construed to contain the same limitation of time, within which claims were to be presented, as that provided by the act of May 23, 1828, ch. 70. United States v. Marvin, 3 Howard, 620. The limitation was one year. The courts of Florida, therefore, had no right to receive a petition for the confirmation of an incomplete concession, after the 26th May, 1831. Ib. Under the Florida treaty, the United States did not succeed to those rights which the king of Spain had held by virtue of his royal prerogative, but possessed the territory, subject to the institutions and laws of its own government. Pollard's Lessee v. Hagan, 3 Howard, 212. Conflicting Spanish claims confirmed as to United States. Act of May 8, 1822, ch. 129, sec. 4. ed. Certain other SEC. 2. And be it further enacted, That all the conflicting Spanish claims, reported in obedience to the fourth section of the act of Congress, approved May the eighth, one thousand eight hundred and twentytwo, and recommended for confirmation as valid titles, be, and the same are hereby, confirmed, so far as the United States have any title to the same. SEC. 3. And be it further enacted, That all claims derived from the claims confirm former British government, contained in the reports of the commissioners of East Florida, or the register and receiver, acting as such, who did not avail themselves of the provisions of the treaty between Spain and England, signed at Versailles on the twentieth of January, one thousand seven hundred and eighty-three, by leaving said province, but who remained in the same, and became Spanish subjects, and whose titles were approved by the Spanish authorities, and have been recommended for confirmation by said commissioners, or register and receiver, acting as such, be, and the same are hereby, confirmed. Remaining tled. SEC. 4. And be it further enacted, That all the remaining claims which claims to be set- have been presented according to law, and not finally acted upon, shall be adjudicated and finally settled upon the same conditions, restrictions, and limitations, in every respect, as are prescribed by the act of Congress, approved twenty-third May, one thousand eight hundred and twenty-eight, entitled "An act supplementary to the several acts providing for the settlement and confirmation of private land claims in Florida." Act of May 23, 1828, ch.70. Disposition of papers relative to claims. Operation of confirmation. Act of May 23, 1828, ch. 70, explained. Time for relinquishment extended. Title-deeds. SEC. 5. And be it further enacted, That it shall be the duty of the register and receiver to deliver over all papers relative to private land claims in East Florida to the keeper of the public archives. SEC. 6. And be it further enacted, That all confirmations of land titles, under this act, shall only operate as a relinquishment of the right of the United States to the said lands respectively, and shall not be construed either as a guarantee of any such titles, or in any manner affecting the rights of other persons to the same lands. SEC. 7. And be it further enacted, That so much of the act of twentythird of May, one thousand eight hundred and twenty-eight, as directed that the selection of claimants who availed themselves of the first section of said act by accepting a quantity equal to one league square within their respective grants, which confined the selection to sectional lines, shall not be held to extend to the selection by the claimants of a greater quantity than a section, but the said claimants, who have, or may hereafter select, under the provisions of said law, any quantity equal to the amount granted in bodies larger than a section in the form of any Spanish survey, or plat of survey, or where the sections are broken by any river, the said land so selected, or which may be so selected, is hereby confirmed to said claimants; and it shall be the duty of the surveyor general to make a survey and certificate of all such claims, to return the same to the commissioner of the general land office, and thereupon a patent shall issue to the original grantee, or to his assignee, if the land has been sold or transferred to any other person, or to the legal owner by purchase or descent. SEC. 8. And be it further enacted, That the claimants, who are entitled to the provisions of that act, or who may avail themselves of the foregoing provisions of this act, by taking a quantity equal to a league square in lieu of the whole grant, shall be, and they are hereby, allowed the further time of one year, from the passage of this act, to execute their relinquishments, and to file their acceptance of the provisions of said law. SEC. 9. And be it further enacted, That it shall be the duty of the registers and receivers to restore to the claimants the title-deeds on which they may have finally rejected the claims. APPROVED, May 26, 1830. |