January 29, Evidence to be exhibited by aliens to become citizens States. of the United Act of April 14, 1802, ch. 28. United States, according to the second section of the act of the fourteenth of April, one thousand eight hundred and two, entitled "An act to establish an uniform rule of naturalization, and to repeal the act here- 1795, vol. 1.414. tofore passed on this subject;" and also a certificate from the proper clerk or prothonotary, of the declaration of intention, made before a court of record, and required as the first condition, according to the first section of said act, shall be exhibited by every alien on his application to be admitted a citizen of the United States, in pursuance of said act, who shall have arrived within the limits, and under the jurisdiction of the United States since the eighteenth day of June, one thousand eight hundred and twelve, and shall each be recited at full length, in the record of the court, admitting such alien; otherwise he shall not be deemed to have complied with the conditions requisite for becoming a citizen of the United States, and any pretended admission of an alien, who shall have arrived within the limits and under the jurisdiction of the United States, since the said eighteenth day of June, one thousand eight hundred and twelve, to be a citizen after the promulgation of this act, without such recital of each certificate at full length, shall be of no validity or effect under the act aforesaid. Admissions without a recital of the pro-ceeding, of no validity. Rights of per sons heretofore United States between the 18th June, settled in the 1798, and 14th April, 1802. SEC. 2. Provided, and be it enacted, That nothing herein contained shall be construed to exclude from admission to citizenship, any free white person who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who, having continued to reside therein without having made any declaration of intention before a court of record as aforesaid, may be entitled to become a citizen of the United States according to the act of the twenty-sixth of March, one thousand eight hundred and four, entitled "An act in addition to an act, Act of March entitled An act to establish an uniform rule of naturalization, and to 26, 1804, ch. 47. repeal the act heretofore passed on that subject."" Whenever any person without a certificate of such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States, before the fourteenth day of April, one thousand eight hundred and two, and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States for at least five years immediately preceding the time of such application shall be proved by the oath or affirmation of citizens of the United States; which citizens shall be named in the record Certificate of as witnesses. And such continued residence within the limits and under naturalization. the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens in the record of the court admitting the applicant: otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. APPROVED, March 22, 1816. Residence of the applicant to be naturalized. CHAP. XXXIII.-An Act authorizing a subscription for the printing of a second edition of the public documents. (a) 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 is hereby authorized to subscribe for and receive, for the use and disposal of Congress, five hundred copies of the second and improved STATUTE I. March 25, 1816. [Obsolete.] Secretary of State to subscribe for a certain number of copies of Wait & Son's state (a) Publication and printing of the laws of the United States, vol. i. 443, 496, 724. papers, object and price. For the continuation of the volumes as they come out. Act of March 3, 1817, ch. 111. edition of state papers and public documents, proposed to be printed by T. B. Wait and Sons; the said edition to be comprised in nine volumes; and the aforesaid copies to be delivered in strong leather binding at the Department of State, at the rate of two dollars and a quarter for each volume. SEC. 2. And be it further enacted, That the Secretary of State be, and is hereby authorized, on the delivery, as aforesaid, of five hundred copies of the first volume of the said edition, to pay for the same at the rate aforesaid; and in like manner to pay for the same number of each succeeding volume, when delivered as aforesaid; and the sum of ten thousand, one hundred and twenty-five dollars is hereby appropriated for the purpose aforesaid, to be paid out of any money in the treasury not otherwise appropriated. APPROVED, March 25, 1816. STATUTE I. March 25, 1816. [Expired.] Persons occupying lands ceded to the United States allowed, on application to a register, recorder, or marshal, to remain thereon, &c. Act of March 3, 1817, ch. 105. Act of April 20, 1818, ch. 90. Applicant for permits of settlement to give description of the land. Permits to be given. CHAP. XXXV.—An Act relating to settlers on the lands of the United States. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any person or persons who, before the first day of February, one thousand eight hundred and sixteen, had taken possession of, occupied or made a settlement on, any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any state to the United States, which lands had not been previously sold, ceded, or leased, by the United States, or the claim to which lands had not been previously recognised or confirmed by the United States, and who, at the time of passing this act, does or do actually inhabit and reside on such lands, may, at any time prior to the first day of September next, apply to the proper register or recorder, as the case may be, of the land office established for the disposal, registering, or recording, of such lands; and where there is no register or recorder, to the marshal, or to such person or persons as may be, by the registers, recorders, or marshals, respectively, appointed for the purpose of receiving such applications, stating the tract or tracts of land thus occupied, settled, and inhabited, by such applicant or applicants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register, recorder, or marshal, respectively, to permit, in conformity with such instructions as may be given by the Secretary of the Treasury, with the approbation of the President of the United States, for that purpose, such applicant or applicants to remain on such tract or tracts of land, provided the same shall at that time remain unsold by the United States, not exceeding three hundred and twenty acres for each applicant, as tenants at will, on such terms and conditions as shall prevent any waste or damage on such lands, and on the express condition that such applicant or applicants shall, whenever such tract or tracts of land may be sold or ceded by the United States, or whenever, from any other cause, he or they may be required, under the authority of the United States, so to do, give quiet possession, of such tract or tracts of land to the purchaser or purchasers, or to remove altogether from the Proviso: the land, as the case may be: Provided, however, That such permission shall applicant pre- not be granted to any such applicant unless he shall previously sign a viously to sign declaration, stating that he does not lay any claim to such tract or tracts declaration of land, and that he does not occupy the same by virtue of any claim, or pretended claim, derived, or pretended to be derived, from any other person or persons; And provided also, That in all cases where the tract of land applied for includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States. Quantity not exceeding 320 acres for each applicant, &c. The applicant to give quiet possession when required, &c. a that he lays no claim, &c. Proviso; as to lead mines and salt springs. SEC. 2. And be it further enacted, That all the applications made, (a) Public lands of the United States, notes of the acts of Congress, vol. i. 464. and permissions granted, by virtue of the preceding section, shall be duly entered on books, to be kept for that purpose by the registers, recorders, and marshals aforesaid, respectively; and they shall be entitled to receive, from the party, for each application, fifty cents, and for each permission, one dollar. SEC. 3. And be it further enacted, That this act shall continue and be in force for the term of one year, any law to the contrary notwithstanding. APPROVED, March 25, 1816. Applications and permission to be entered on books, &c. Fees, &c. Limitation of this act to the 25th March, 1817. STATUTE I. CHAP. XXXIX.—An Act to limit the right of appeal from the Circuit Court of April 2, 1816. the United States for the District of Columbia.(a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That no cause shall hereafter be removed from the Circuit Court of the United States for the District of Columbia to the Supreme Court of the United States, by appeal or writ of error, unless the matter in dispute in such cause shall be of the value of one thousand dollars or upwards, exclusive of costs. SEC. 2. Provided always, and be it further enacted, That when any person or persons, body politic or corporate, shall think him, her, or themselves, aggrieved by any final judgment, order, or decree, of the said Circuit Court, where the matter in dispute, exclusive of costs, shall be of the value of one hundred dollars, and of less value than one thousand dollars, and shall have prayed an appeal, or shall desire to sue out a writ of error to the Supreme Court of the United States, such person or persons, body politic or corporate, may exhibit a petition, in writing, accompanied by a copy of the proceedings complained of, and an assignment of the errors relied on, to any judge of the said Supreme Court, who, if he should be of opinion that such errors, or any of them, involve questions of law of such extensive interest and operation as to render the final decision of them by the said Supreme Court desirable, may thereupon, at his discretion, and upon the terms and conditions prescribed by law, by his order, to be directed to the clerk of the county in which the proceedings shall have been had, direct such appeal to be allowed, or writ of error to be issued; which shall be done accordingly. SEC. 3. And be it further enacted, That when any appeal or writ of error shall have been directed. in the manner prescribed by the second section of this act, and the order of the judge of the Supreme Court aforesaid thereon shall have been filed in the office of the clerk of the proper county, within thirty days after the end of the term at which the judgment, order, or decree, to be affected by such writ of error or appeal, shall have been rendered or made, such writ of error or appeal shall operate as a supersedeas of all proceedings under such judgment, order, or decree. APPROVED, April 2, 1816. No appeal unless the matof the value of ter in dispute is $1,000, &c. Appeals may be allowed in particular and important cases where the matter in dispute is $100 in value on petition to a judge of the Supreme Court, &c. When appeals on petition, &c. rected, and the order of the judge has been filed, &c. the have been di writ of error is to operate as a supersedeas. CHAP. XL.-An Act to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any volunteer, or STATUTE I. April 9, 1816. [Obsolete.] Act of March 3, 1817, ch. 110. (a) No appeal or writ of error lies, in a criminal case, from the judgment of the Circuit Court of the District of Columbia to the Supreme Court of the United States. The appellate jurisdiction given by the act of Congress, is confined to civil cases. United States v. Moore, 3 Cranch, 159; 1 Cond. Rep. 480. Act of March drafted militiaman, whether of cavalry, mounted riflemen, or infantry, 3, 1825, ch. 67. who, in the late war between the United States and Great Britain, has sustained damage by the loss of any horse which has been killed in battle, or which has died in consequence of a wound therein received, or in consequence of failure on the part of the United States, to furnish such horse with sufficient forage, while in the military service of the United States, shall be allowed and paid the value thereof. Act of April 20,1818, ch.119. Horses killed in battle, or dying from wounds, or from failure of forage, &c. to be paid for. Horses lost by the owner being dismounted, or detached, &c. by order, &c. or by the rider's being killed,&c. to be paid for. Horses, mules, oxen, wagons, carts, boats, sleighs, or harness, lost in military service, except, &c. to be paid for. Persons who furnished themselves with arms, &c. and have sustained damage by their capture, &c. to be paid the va lue of them. Property impressed, &c., and destroyed, lost or consum ed, to be paid for, deducting, &c. No compensation where the owner, &c., has received Persons claiming compensation to release all claims against the person who impressed, &c. SEC. 2. And be it further enacted, That any person, whether of cavalry, mounted militia, or volunteers, who, in the late war aforesaid, has sustained damage by the loss of a horse, in consequence of the owner being dismounted, or separated and detached from the same, by order of the commanding officer, or in consequence of the rider being killed or wounded in battle, shall be allowed and paid the value of such horse at the time he was received into public service. SEC. 3. And be it further enacted, That any person who, in the late war aforesaid, has sustained damage by the loss, capture, or destruction, by an enemy, of any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person, who, during the time aforesaid, has sustained damage by the death of any such horse, mule, or ox, in consequence of failure on the part of the United States to furnish the same with sufficient forage, while in the service aforesaid, shall be allowed and paid the value thereof. SEC. 4. And be it further enacted, That any person who, in the time aforesaid, has acted in the military service of the United States as a volunteer or drafted militiaman, and who has furnished himself with arms and military accoutrements, and has sustained damage by the capture or destruction of the same, without any fault or negligence on his part, shall be allowed and paid the value thereof. SEC. 5. And be it further enacted, That where any property has been impressed, or taken by public authority, for the use or subsistence of the army, during the late war, and the same shall have been destroyed, lost, or consumed, the owner of such property shall be paid the value thereof, deducting therefrom the amount which has been paid, or may be claimed, for the use and risk for the same, while in the service aforesaid. SEC. 6. And be it further enacted, That nothing in this act contained shall be so construed as to enable the owner of any such property, or his legal representatives, to receive compensation for such loss or satisfaction, &c. damage as above mentioned, where the owner of such property, or his legal representatives, may have recovered or received satisfaction for such loss from the persons who may have taken or impressed such property into the public service; and that every person claiming such compensation shall, at the time of receiving the same, release all claims he may have against the officer or person who may have impressed, taken, or used, such property in the public service; and that, in all cases where the owner of such property, or his legal representative, may have recovered and received satisfaction for such loss or injury, from the person who shall so have taken such property into the public service, the said officer or person, who shall so have paid such loss or damage, shall be entitled to receive the compensation provided by this act for such loss or damage. Where the owner of the property has recovered from individuals, the latter to be entitled to the compensation. At the rate of 40 cents per day furnished themselves by officers of volunteer cavalry, &c. for each horse SEC. 7. And be it further enacted, That the accountant of the War Department, in adjusting and settling the accounts of the different paymasters, is hereby authorized to allow to the officers of volunteer cavalry, who furnished their own horses while in the public service, at the rate of forty cents per day for each horse so furnished, which any such officer was entitled by law to keep in such service, agreeably to the rank of such officer. SEC. 8. And be it further enacted, That when any officer, noncommissioned officer, or private, in the cavalry service, as aforesaid, having lost the horse or horses, which may have been taken by him into the said service, has received from the United States another horse or horses, in lieu, or in part payment, for the horse or horses so previously lost as aforesaid, such officer, non-commissioned officer, or private, shall be entitled to receive the allowance of forty cents per day, for the use and risk of the horse on which he may have been so remounted. SEC. 9. And be it further enacted, That any person who, in the time aforesaid, has sustained damage by the destruction of his or her house or building by the enemy, while the same was occupied as a military deposite, under the authority of an officer or agent of the United States, shall be allowed and paid the amount of such damage: Provided, It shall appear that such occupation was the cause of its destruction. SEC. 10. And be it further enacted, That the loss or destruction, as aforesaid, as well as the value, of such property shall be ascertained by the best evidence which the nature of the case will admit of, and which may be in the power of the party to produce; and the amount thereof, when established and ascertained, according to the provisions of this act, shall be paid to the sufferer or sufferers, out of any money in the treasury, not otherwise appropriated. SEC. 11. And be it further enacted, That for the more speedy execution of the provisions of this act, the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint one commissioner, whose duty it shall be to decide upon all cases arising under this act; and who, in the discharge of his duties, shall be subject to such rules and regulations as shall be prescribed by the President of the United States. Such commissioner shall receive, as compensation for his services, at the rate of two thousand dollars per annum, for the time he shall be actually employed, which shall not exceed two years, to be computed from and after the passage of this act. All official communications to and from the commissioner appointed under this act, shall be free of postage. 2,000 dollars compensation to the commissioner, &c. Official communications free of postage. Commissioner Form of the oath. The commis ap sioner to and establish SEC. 12. And be it further enacted, That the said commissioner, so to be appointed, before he enters upon the duties of his office, shall take to take an oath. the following oath, to wit: "I, A B, do solemnly swear, that I will well and truly, according to the best of my abilities, discharge the duties of commissioner under an act of Congress, entitled 'An act to authorize the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes;' so help me God." Upon which he shall proceed to appoint a clerk; and shall proceed, with all practicable despatch, to establish, under the direction, or with the assent, of the President of the United States, such rules, as well in regard to the receipt of applications of claimants to compensation for losses provided for by this act, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, as shall, in his opinion, be the best calculated to attain the objects of this act; paying a due regard, in the establishment of such regulations, as well to the claims of individual justice as to the interest of the United States: which rules and regulations shall, upon his adoption, be published for eight weeks, successively, in the newspapers in the several states and territories in which the laws of the United States are published. SEC. 13. And be it further enacted, That the said commissioner shall, in all cases in which the claim to compensation or indemnity shall exceed the sum of two hundred dollars, award a commission to some one or more discreet commissioner in the vicinity of where the witnesses are rules, &c. Rules, &c. to be published in the newspapers. Where the claim exceeds 200 dollars a commission is to be awarded, |