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STATUTE II.

of

CHAP. XXXI.-An Acı making appropriations for the completion and support of Feb. 25, 1831. the penitentiary in the District of Columbia, and for other purposes.

(Obsolete.] Be it enacted by the Senate and House of Representatives of the United

Additional apStates of America, in Congress assembled, That, in addition to the unex- propriation pended balance of the appropriation of eighteen hundred and twenty- 36,360 dollars. nine, now subject to the order of the inspectors, there shall be, and hereby is, appropriated for the support of the said penitentiary, for the pay of its officers, the erection of additional buildings and improvements; for a wharf and sea wall; the purchase of materials, tools, and implements of trade; the purchase of additional ground for the institution; the draining of the marsh east of the penitentiary, and other contingent expenses, the sum of thirty-six thousand three hundred and sixty dollars, to be paid out of any money in the treasury, not otherwise appropriated, and to be expended under the direction of the board of inspectors: Provided, That no more than two thousand dollars shall be drawn Proviso. from the treasury at any one time; and that no subsequent draft shall be made, until the amount previously drawn shall be duly accounted for by proper vouchers, regularly numbered, and an abstract of which shall accompany the same.

Sec. 2. And be it further enacted, That a majority of the inspectors Inspectors to shall certify upon said abstract, that the amount of moneys, as stated certifý, &c. therein, have been actually and necessarily expended; and further, the affidavits of the warden and clerk, taken before a judge or justice of the peace, shall be endorsed on said abstract, stating that the moneys mentioned therein, and vouchers accompanying the same, have been actually paid to the persons, and for the purposes stated in said abstracts and vouchers.

Sec. 3. And be it further enacted, That the warden of the said peni- Warden. tentiary shall be appointed by the President, by and with the advice and consent of the Senate; and said warden shall appoint, and may remove, Sub-officers. at his pleasure, all its subordinate officers, excepting the clerk, who shall be appointed and removed by the inspectors, or a majority of them.

Sec. 4. And be it further enacted, That the number of inspectors shall Inspectors. hereafter be reduced to three, a majority of whom shall constitute a board for the transaction of business, and shall receive an annual salary, payable quarter-yearly, of two hundred and fifty dollars each.

Sec. 5. And be it further enacted, That, from and after the passage of Salary of warthis act, the salary of the warden of the said penitentiary shall be fifteen den. hundred dollars per annum. APPROVED, February 25, 1831.

STATUTE II. CHAP. XXXII.-An Act to authorize the appointment of a sub-agent to the Feb. 25, 1831.

Winnebago Indians, on Rock river. Be it enacted by the Senate and House of Representatives of the United Sub-agent to States of America, in Congress assembled, That an additional sub-agent the Winnebago be allowed to the Winnebago tribe of Indians, to reside on the waters Indians. of Rock river; and that the said agent shall be appointed as like officers are appointed, and receive the same amount of compensation.

APPROVED, February 25, 1831.

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be allowed to

STATUTE II.

CHAP. XXXIV.-An Act supplemental to an act, passed on the thirty-first March, Feb. 25, 1831.

one thousand eight hundred and thirty, entitled An act for the relief of pur-
chasers of public lands, and for the suppression of fraudulent practices at the
public sales of lands of the United States.
Be it enacted by the Senate and House of Representatives of the United

Act of March States of America, in Congress assembled, That all purchasers, their heirs 31, 1830, ch. 48.

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Certain pur- or assignees of such of the public lands as were sold on a credit for a chasers entitled, less price than fourteen dollars per acre, and on which a further credit in certain cases, has been taken under any of the laws passed for the relief of purchasers to patents.

of public lands, and which lands have reverted to the United States on account of the balance due thereon not having been paid or discharged, agreeably to said relief laws, shall be entitled to patents, without further

payment, in all instances where one dollar and twenty-five cents, or a In other cases greater sum, per acre, shall have been paid; or where payment to that to pre-emption. amount shall not have been heretofore made, such purchasers, their heirs

or assignees, shall have the right of pre-emption until the fourth day of July, one thousand eight hundred and thirty-one, by paying into the proper land office such sum in addition to the amount heretofore paid, as will, together, amount to the minimum price of the lands of the United

States at the time of such payment. Certain occu

Sec. 2. And be it further enacted, That all such occupants of repants to have linquished land as are contemplated and described in the second section pre-emption until July 4, 1831. of the above recited act, to which this is a supplement, as are in posses

sion of land which was sold on credit for a less sum than fourteen dollars per acre, shall have the right of pre-emption of the same lands, according to the legal subdivisions of sections, not exceeding the quantity of two quarter sections, in contiguous tracts or contiguous to other lands

held by such occupants respectively, until the fourth day of July, one Prices. thousand eight hundred and thirty-one, upon their paying into a proper

office for all

land originally sold for a price not exceeding five dollars per acre, one dollar and twenty-five cents per acre; and for all lands which

originally sold for more than five dollars, and not exceeding fourteen Proof of pos- dollars per acre, the amount of the first instalment heretofore paid; such

occupants first proving their possession, respectively in conformity to the provisions of the said act, to which this is a supplement, in the manner

which has been prescribed by the commissioner of the general land office, Proviso. pursuant to the provisions thereof: Provided, horever, That in all cases

where proof of possession has been already made under said recited act, proof shall not again be required, unless the applicant choose to take

other land than that to which such proof applies. Town property. Sec. 3. And be it further enacted, That the provisions of this act shall

extend to all town property of which the government has been proprie

and not subsequently sold, when full payment has not been made: Provided, The original purchasers, or their assignees, pay into the proper land office, on or before the fourth of July, one thousand eight hundred and thirty-two, one half of the original purchase money without interest.

APPROVED, February 25, 1831.

Bession.

STATUTE II.
Feb. 25, 1831. CAAP. XXXVI.-An Act to provide for the adjustment of claims of persons eto

titled to indemnification under the convention between the United States and his
majesty the King of Denmark, of the twenty-eighth March, eighleen hundred
and thirty, and for the distribution among such claimants of the sums to be paid
by the Danish government to that of the United States according to the stipula-

tion of the said convention. Commission- Be it enacted by the Senate and House of Representatives of the United ers to meet, &c. States of America, in Congress assembled, That the commissioners who

are or may be appointed by the President of the United States, by and with the advice and consent of the Senate, in pursuance of the third article of the convention between the United States of America and his majesty the King of Denmark, signed at Copenhagen the twenty-eighth

day of March, one thousand eight hundred and thirty, shall meet at Claims to be decided on with

Washington city, in the District of Columbia, and, within the space of in two years.

two years from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all such claims as may be

presented to them, and are provided for by the convention referred to, according to the merits of the several cases, and to justice, equity, and the law of nations, and according to the provisions of said convention.

Sec. 2. And be it further enacted, That all records, documents, or other Documents. papers, which now are in, or hereafter, during the continuance of this commission, may come into the possession of the Department of State, in relation to such claims, shall be delivered to the commission aforesaid.

Sec. 3. And be it further enacted, That the said commissioners, or a Day of first majority of them, with their secretary, whose appointment is hereinafter meeting. provided for, shall convene in this city on the first Monday of April next, and shall proceed to execute the duties of their commission; and Notice thereof. the Secretary of State shall be, and he is hereby, authorized and required forth with, after the passing of this act, to give notice of the said intended meeting, to be published in one or more public gazettes in the city of Washington, and in such other public papers, published elsewhere in the United States, as he may designate.

Sec. 4. And be it further enacted, That the said commissioners shall Claims to be proceed immediately after their meeting in the city of Washington, with examined, &c. all convenient despatch, to arrange and docket the several claims, and to consider the evidence which shall have been, or which may be offered by the respective claimants, allowing such further time for the production Time for proof such further evidence as may be required, and as they shall think rea

ducing evi

dence. sonable and just; and they shall thereupon proceed to determine the said claims, and to award distribution of the sums to be received by the United States from the King of Denmark under the stipulations of the convention aforesaid, among the several claimants according to their respective rights. Sec. 5. And be it further enacted, That the said commissioners shall Powers to

make rules. be, and they are hereby, authorized and empowered to make all needful rules and regulations, not contravening the laws of the land, the provisions of this act, or the provisions of the said convention, for carrying their said commission into full and complete effect.

Sec. 6. And be it further enacted, That the President of the United Secretary. States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint a secretary to the said commission.

Sec. 7. And be it further enacted, That the said commissioners and Oath. secretary shall severally take an oath for the faithful performance of the duties of their respective offices.

Sec. 8. And be it further enacted, That the compensation of the re- Compensation. spective officers for whose appointment provision is made by this act shall not exceed the following sums: to each of the said commissioners at the rate of three thousand dollars per annum, and to the secretary of the board at the rate of two thousand dollars per annum; and the President Contingent ex of the United States shall be, and he is hereby, authorized to make such penses. provision for the contingent expenses of the said commission as shall appear to bim reasonable and proper; and the said salaries and expenses shall be paid out of any money in the treasury not otherwise appropriated.

Sec. 9. And be it further enacted, That all moneys to be received from Money the Danish government under the convention aforesaid, shall be paid ceived from the

Danish governo into the treasury of the United States, and shall constitute a fund for satisfying the awards of the commission provided for by this act.

Sec. 10. And be it further enacted, That all communications to or Postago. from the secretary of the board of commissioners on the business of the commission, shall pass by mail free of postage.

Sec. 11. And be it further enacted, That as soon as the said commission shall be executed and completed, the records, documents, and all other papers in the possession of the commission or its officers, shall be deposited in the office of the Secretary of State.

APPROVED, February 25, 1831.

re

ment.

STATUTE II. March 2, 1831. Chap. XXXVII.-An Act for the punishment of crimes in the District of

Columbia. (a) Offences. Be it enacted by the Senate and House of Representatives of the United

States of America, in Congress assembled, That, from and after the passage of this act, every person who shall be convicted, in any court in the District of Columbia, of any of the following offences, to wit: manslaughter, assault and battery with intent to kill, arson, rape, assault and battery with intent to commit a rape, burglary, robbery, horse stealing, mayhem, bigamy, perjury, or subornation of perjury, larceny, if the property stolen is of the value of five dollars or upwards, forgery, obtaining by false pretences any goods or chattels, money, bank note, promis sory note, or any other instrument in writing for the payment or delivery of money or other valuable thing, or of keeping a faro bank or other

common gaming-table, petty larceny upon a second conviction, comPunishment. mitted after the passage of this act, shall be sentenced to suffer punish

ment by imprisonment and labour, for the time and times hereinafter

prescribed, in the penitentiary for the District of Columbia. Manslaughter, Sec. 2. And be it further enacted, That every person duly convicted &c.

of manslaughter, or of any assault and battery with intent to kill, shalı be sentenced to suffer imprisonment and labour, for the first offence for a period not less than two nor more than eight years, for the second

offence for a period not less than six por more than fifteen years. Arson.

Sec. 3. And be it further enacted, That every person duly convicted

of the crime of maliciously, wilfully, or fraudulently burning any dwell1852, ch. 55.

ing-house, or any other house, barn, or stable, adjoining thereto, or any store, barn, or out-house, having goods, tobacco, hay or grain therein, although the same shall not be adjoining to any dwelling-house; or of maliciously and wilfully burning any of the public buildings in the cities, towns, or counties, of the District of Columbia, belonging to the United States, or the said cities, towns or counties; or any church, meeting-house or other building for public worship, belonging to any voluntary society, or body corporate; or any college, academy, school-house, or library ; or any ship or vessel, afloat or building; or as being accessary thereto; shall be sentenced to suffer imprisonment and labour, for a period of not less than one, nor more than ten years for the first offence, and not less than five nor more than twenty years for the second offence.

Sec. 4. And be it further enacted, That every free person, duly convicted of rape, or as being accessary thereto before the fact, shall be sentenced to suffer imprisonment and labour, for the first offence for a period not less than ten nor more than thirty years, and for the second

offence for and during the period of his natural life. Assault and Sec. 5. And be it further enacted, That every free person duly conbattery to com- victed of an assault and battery with intent to commit a rape, shall be

punished for the first offence by undergoing confinement in the penitentiary for a period not less than one nor more than five years, and for

the second for a period not less than five nor more than fifteen years. Burglary, Sec. 6. And be it further enacted, That every person duly convicted

of burglary, or as accessary thereto before the fact, or of robbery, or as accessary thereto before the fact, shall be sentenced to suffer imprisonment and labour, for the first offence for a period not less than three nor more than seven years, and for the second offence for a period not less

than five nor more than fifteen years. Horse theft, Sec. 7. And be it further enacted, That every person convicted of mayhem, biga- horse stealing, mayhem, bigamy, or as being accessary to any of said my.

crimes before the fact, shall be sentenced to suffer imprisonment and

mit rape.

(a) See an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, March 3, 1825, ch. 65, and the notes.

labour, for the first offence for a period not less than two nor more than seven years, and for the second offence for a period not less than five nor more than twelve years.

Sec. 8. And be it further enacted, That every person convicted of Perjury, sube perjury, or subornation of perjury, shall be sentenced to suffer imprison- ornation of perment and labour, for the first offence for a period not less than two nor jury. more than ten years, and for the second offence for a period not less than five nor more than fifteen years.

Sec. 9. And be it further enacted, That every person convicted of felo- Theft. niously stealing, taking, and carrying away, any goods or chattels, or other personal property, of the value of five dollars or upwards, or any bank note, promissory note, or any other instrument of writing, for the payment or delivery of money or other valuable thing, to the amount of five dollars or upwards, shall be sentenced to suffer imprisonment and labour, for the first offence for a period not less than one nor more than three years, and for the second offence for a period not less than three nor more than ten years.

Sec. 10. And be it further enacted, That every person convicted of Receiving sto receiving stolen goods, or any article, the stealing of which is made pun

len goods. ishable by this act, to the value of five dollars or upwards, knowing them to have been stolen, or of being an accessary after the fact in any felony, shall be sentenced to suffer imprisonment and labour, for the first offence for a period not less than one nor more than five years, and for the second offence for a period not less than two nor more than ten years.

Sec. 11. And be it further enacted, That every person duly convicted Forgory. of having falsely forged and counterfeited any gold or silver coin, which now is, or shall hereafter be, passing or in circulation within the District of Columbia ; or of having falsely uttered, paid, or tendered in payment, any such counterfeit or forged coin, knowing the same to be forged and counterfeit; or of having aided, abetted or commanded the perpetration of either of the said offences; or of having falsely made, altered, forged, or counterfeited, or caused or procured to be falsely made, altered, forged, or counterfeited, or having willingly aided or assisted in falsely making, altering, forging, or counterfeiting, any paper, writing, or printed paper, to the prejudice of the right of any other person, body politic or corporate, or voluntary association, with intent to defraud such person, body politic or corporate, or voluntary association, or of having passed, uttered or published, or attempted to pass, utter, or publish, as true, any such falsely made, altered, forged, or counterfeited paper, writing or printed paper, to the prejudice of the right of any other person, body politic or corporate, or voluntary association, knowing the same to be falsely made, altered, forged, or counterfeited, with intent to defraud such person, body politic or corporate, or voluntary association, shall be sentenced to suffer imprisonment and labour, for the first offence for a period not less than one year nor more than seven years, for the second offence for a period not less than three nor more than ten years.

Sec. 12. And be it further enacted, That every person duly convicted Obtaining by of obtaining by false pretences any goods or chattels, money, bank note,

false pretences. promissory note, or any other instrument in writing, for the payment or delivery of money or other valuable thing, or of keeping a faro bank or Keeping gamgaming table, shall be sentenced to suffer imprisonment and labour for

ing table. period not less than one year, nor more than five years; and every person, so offending, shall be a competent witness against every other person offending in the same transaction, and may be compelled to appear and give evidence in the same manner as other persons : but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.

Sec. 13. And be it further enacted, That every person, upon a second Larceny. Vol. IV.-57

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