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For a lighthouse on Nayat point, three thousand five hundred dollars; Lighthouse on and for two pyramids or spindles, in Narraganset bay, two thousand dol Nayat point. lars. For a beacon-light on or near Spindle rock, at the mouth of Black Beacon-light

on or near SpinRock harbour, six thousand two hundred dollars.

dle rock. For two small lighthouses in Hudson river, eight thousand dollars. Two light

For a lighthouse at or near Portland, on Lake Erie, five thousand dol. houses in Hudlars; one thousand dollars for removing obstructions in order to make the son river. light of the lighthouse at the mouth of Genessee river, on Lake Ontario, near Portland. visible at a distance.

For erecting a tower and placing a bell thereon with machinery, near A tower, &c., the lighthouse on Pool's Island, Chesapeake bay, two thousand eight hun- near the light

house dred dollars.

island, &c. For the lighthouse on Little Watt's island, six thousand five hundred Lighthouse dollars; and for that on Clay island, six thousand five hundred dollars; on Luule Watt's

, &c and for a beacon-light, or small lighthouse, on Point Look Out, four thousand five hundred dollars.

For the lighthouse on Smith's point, seven thousand five hundred On Smith's dollars.

point. For a beacon-light or lighthouse on Pamptico point, five thousand dol- Beacon-light lars; and for one at the entrance of Roanoke Marshes, five thousand or lighthouse on dollars; for a light vessel, to be placed at or near the point of Marsh &c.

Pamptico point, Shoal, at or near the mouth of Neuse river, six thousand five hundred dollars; this sum to be in addition to the sum already appropriated for 1827, ch. 47. building a lighthouse at the point of Marsh, at the mouth of the said river, for which lighthouse the light vessel is substituted. For a lighthouse at Otter Creek point, five thousand dollars.

Otter Creek For one on Bois Blanc, five thousand dollars.


On Bois Blanc. For one at St. John's river, six thousand five hundred dollars; and for

St. John's one on Choctaw point, six thousand five dollars.

river. For placing four buoys in Hudson river, on the following sites: One Four buoys in on a reef of rocks opposite Van Wee's point; one on a reef of rocks the Hudson rinorth of Constitution point; One on a reef of rocks, the south point of Conner's Hook island; and one on a wreck of a vessel sunk in Haverstraw bay; three hundred dollars. For placing two buoys near the channel, to the eastward of the

Two buoys

near the Pea Pea Patch, in the river Delaware, viz: one on the north-east point of Patch in the rithe Pea Patch; and one on a small shoal in the passage, four hundred ver Delaware. dollars.

For spindles or monuments, and buoys, to render the navigation of Spindles, &c. Kennebec bay and river safe, fifteen hundred dollars.

Kennebec bay. For placing a buoy on Killpond bar, in Buzzard's bay, sixty dollars. Buoy on Kill

For placing twenty buoys, at proper sites, in the river Teche, in the pond bar. state of Louisiana, two thousand six hundred dollars.

Twenty buoys

in Louisiana. For an iron spindle on Sand Island, on the bar of Mobile bay, six hun- Iron spindle dred dollars.

on Sand Island, For five buoys, in the channel, between Key West and the islands to

Fire buoys in

the channel bethe westward of it and the main, leading from the Gulf Stream to the

tween Key bay of Mexico, seven hundred dollars.

West. For two buoys at the mouth of St. John's river, territory of Florida,

Two buoys at

the mouth of St. one hundred and sixty dollars.

John's river. Sec. 3. And be it further enacted, That the said secretary be empowered as aforesaid, and that the following sums be appropriated and paid as aforesaid, for the purposes hereafter designated, viz :

To build a lighthouse, at a proper site, near St. Mark's harbour, in Lighthouse Florida, the sum of six thousand dollars.

near St. Mark's

harbour. To build a lighthouse on a ledge of rocks,called the Whale's Back in the Lighthouse at harbour of Portsmouth, in the state of New Hampshire, eight thousand Portsmouth. dollars, in addition to the former appropriation for that object.

1827, ch. 47.


Lighthouse near the mouth of Duck creek.

Salaries of the respective keepers of lighthouses. Proviso.


To build a lighthouse near the mouth of Duck creek, adjoining Delaware bay, the sum of four thousand dollars.

Sec. 4. And be it further enacted, That, from and after the passage of this act, the Secretary of the Treasury be, and he is hereby, authorized and empowered to regulate and fix the salaries of the respective keepers of lighthouses, in such manner as he shall deem just and proper : Provided, The whole sum allowed shall not exceed an average of four hundred dollars to each keeper.

Sec. 5. And be it further enacted, That the sum of five thousand two hundred dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, in addition to the sums heretofore appropriated, to pay the salaries to the several keepers of the lighthouses within the United States; to be applied under the direction of the Secretary of the Treasury, in conformity to the authority in him vested by the third section of this act.

APPROVED, May 23, 1828.


May 23, 1828. Chap. LXX.–An Act supplementary to the several acts providing for the.

settlement and confirmation of private land claims in Florida. (a) Act of May 8,

Be it enacted by the Senate and House of Representatives of the United 1822, ch. 129.

Act of March States of America, in Congress assembled, That the three claims to land 3, 1823, ch. 29. in the district of West Florida, contained in the reports of the commis

The three claims to land

sioners, and numbered four, [4] eight, [8] and ten, [10] excluding from in the district of the latter the land contained in certificate, and in the plats A. and Č., and West Florida, the claims contained in the reports of the commissioners of East Florida, contained in the and in the reports of the receiver and register, acting as such, made in commissioners, pursuance of the several acts of Congress providing for the settlement numbered 4, 8, of private land claims in Florida, and recommended for confirmation by and 10, cxclud said commissioners, and by the register and receiver, be, and the same ter the land con- are hereby, confirmed to the extent of the quantity contained in one tained in certi- league square, to be located by the claimants, or their agents, within the ficate, and in limits of such claims or surveys filed, as a foresaid, before the said comthe plats A. and C., &c., con- missioners, or receiver and register, which location shall be made within firmed. the bounds of the original grant, in quantities of not less than one sec

tion, and to be bounded by sectional lines. No more Sec. 2. And be it further enacted, That no more than the quantity than the quan

of acres contained in a league square, shall be confirmed within the tity of acres contained in a

bounds of any one grant: and no confirmation shall be effectual until league square

all the parties in interest, under the original grant, shall file with the shall be con- register and receiver of the district where the grant may be situated, a firmed within the bounds of

full and final release of all claim to the residue contained in the grant: any one grant,

and where there shall be any minors incapable of acting within said &c.

territory of Florida, a relinquishment by the legal guardian shall be sufficient; and thereafter the excess in said grants, respectively, shall be

liable to be sold as other public lands of the United States. All the deci. Sec. 3. And be it further enacted, That all the decisions made by the sions made by register and receiver of the district of East Florida, acting ex officio, as &c., of the dis- commissioners, in pursuance of an act of Congress, approved the eighth trict of East Flo- of February, one thousand eight hundred and twenty-seven, authorizing rida, as com- them to ascertain and decide claims and titles to lands in the district missioners under act of

aforesaid, and those recommended for confirmation under the quantity Feb. 8, 1827, of three thousand five hundred acres, contained in the reports, abstracts, ch. 9, recom- and opinions, of the said register and receiver, transmitted to the Secremended for.con- tary of the Treasury, according to law, and referred by him to Congress, firmed. on the twenty-ninth January, one thousand eight hundred and twenty

(a) See notes of the decisions of the Supreme Court upon claims and titles to land in the territory of Florida, vol. iii. 709.


the costs shall abide the decision of the cause as in ordinary causes before

the said court. And so much of the said act as requires the claimants to Repeal of

make adverse claimants parties to their suits, or to show the court what certain provisions.

adverse claimants there may be to the land claimed of the United States,

be also hereby repealed. Attorney Sec. 9. And be it further enacted, That it shall be the duty of the general of the

attorney of the United States for the district in which the suits authoUnited States, for the district rized by this act shall be instituted, in every case where the decision is in which the against the United States, to make out and transmit to the attorney suits authorized

general of the United States, a statement, containing the facts of the by this act shall be instituted, in case, and the points of law on which the same was decided : and it shall every case be the duty of the attorney general, in all cases where the claim exceeds where the de

one league square, and in all other cases, if he shall in such latter cases cision is against think the decision of the district judge is erroneous, to direct an appeal States, to make to be made to the Supreme Court of the United States, and to appear out and trans- for the United States, and prosecute such appeal: which appeal in behalf mit to the attor of the United States may be granted at any time within six months after ney generala statement con- the rendition of the judgment appealed from, or at any time before the taining the faces expiration of the term thereof, which may commence next after the of the case, &c. expiration of said six months; and it shall be the further duty of the

district attorney to observe the instruction given to him by the attorney

general in that respect. The President

Sec. 10. And be it further enacted, That it shall be lawful for the Preof the United States to ap

sident of the United States to appoint a law agent, whose special duty it point a law shall be to superintend the interests of the United States in the premises, agents to super- to continue him in place as long as the public interest requires his intend, &c

continuance; and to allow such pay to the agent as the President may Duty of the think reasonable. It shall also be the duty of said agent to collect testiagent.

mony in behalf of the United States, and to attend, on all occasions, when said claimants may take depositions; and no deposition so taken by them shall be read as evidence, unless said agent or district attorney shall have been notified, in writing, of the time and place of taking them, so long previous to said time as to afford to him an opportunity of

being present. The Presi- Sec. 11. And be it further enacted, That it shall be lawful for the dent to appoint President to employ assistant counsel, if in his opinion the public inteassistant counsel.

rest shall require the same: and to allow to such counsel and the district

attorney, such compensation as he may think reasonable. Claims to Sec. 12. And be it further enacted, That any claims to lands, tenelands, &c., within the pur

ments, or hereditaments, within the purview of this act, which shall view of this act, not be brought by petition before said court within one year from the forever barred

passage of this act, or which, after being brought before said court, shall, after the passage of this act,

on account of the neglect or delay of the claimant, not be prosecuted to if, &c.

a final decision within two years, shall be forever barred, both at law and in equity; and no other action at common law, or proceeding in equity,

shall ever thereafter be sustained in any court whatever. Decrees ren- Sec. 13. And bc it further enacted, That the decrees which may be dered by said district or Su

rendered by said district, or the Supreme Court of the United States, preme Court

shall be conclusive between the United States and the said claimants United States to only, and shall not affect the interests of third persons. be conclusive,

APPROVED, May 23, 1828.



May 23, 1828.

Where public lands have

CHAP. LXXI.-An Act for the relief of purchasers of the public lands that

have reverted for non-payment of the purchase money. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, in all cases where public

(a) See notes to the act of March 21, 1828, ch. 22.

lands have been purchased, on which a further credit has not been taken been purchaander the provisions of the act of the second of March, one thousand sed, on which a eight hundred and twenty-one, and have reverted, or are liable to revert, has not been to the United States, for failure to pay the purchase money, or have been taken under the sold by the United States by reason of such failure to pay, and in all provision of act cases where one twentieth of the purchase money shall have been depo- 1821, ch. 12, sited and forfeited to the United States, it shall be the duty of the regis- and have reter of the land office, where the purchase or deposit was made, to issue, verted, or are upon application, to the person, or persons, legally entitled to the benefit to the United of the payments made previous to such reversion or sale, his, her, or States, for failtheir legal representatives, or assigns, a certificate for the amount so paid, ure to pay


purchase moand not refunded, which shall be received and credited as cash in pay- ney. ment of any public land that has been heretofore, or may hereafter be, sold by the United States, in the state or territory in which such original Fees. purchase or deposit was made.

Sec. 2. And be it further enacted, That it shall be the duty of the Duty of the commissioner of the general land office to prescribe the form of such commissioner certificates, which shall

, in every case, specify the tract or tracts of land land office to so reverted or sold, the amount paid, date of payments, and by whom prescribe the made; and it shall be the duty of the register issuing such certificates, form of such to keep a record of the same, and to forward to the general land office, at the close of each month, an abstract of the certificates issued during the month; and for each certificate, the officer issuing the same shall be Fees. entitled to receive, from the applicant, the sum of fifty cents.

Sec. 3. And be it further enacted, That the said certificates, when Certificates, received in payment for lands, shall be entered in the books of the land when received office, where received, and transmitted with the accounts of the receiver lands, shall be of the public moneys, to the general land office, in such manner as the entered in the commissioner of said office shall prescribe; and if, upon comparison of books of the the original with the returns from the office whence any certificate issued, where received, it shall appear to the satisfaction of the said commissioner, that such certi- and transmitted ficate has been issued and duly paid, according to the true intent and to the general

land office. meaning of this act, the same shall be passed to the credit of the person paying the same as so much cash. Sec. 4. And be it further enacted, That, for any moneys forfeited, on

Lands sold at lands sold at New York or Pittsburg, the certificate shall be issued by New York or the Secretary of the Treasury; which certificate shall be received in pay- Pittsburg, &c. ment for lands at any of the land offices of the United States, as the certificates issued in conformity to the foregoing provisions of this act are made receivable.

Sec. 5. And be it further enacted, That, in no case, shall a certificate Certificates be issued to any person, except to the person who originally forfeited not to be issued the lands, or to his heir or heirs; nor shall a grant issue, or the lands except, &c. purchased with any scrip be transferred, until six months after the certificate shall have been deposited in the office. Sec. 6. And be it further enacted, That, if any tract of land returned

Where any as sold to the general land office, shall have been paid for in forged or tract of land altered certificates, such sale shall be void, and the land subject to be to the general sold again, at public or private sale, as the case may be; and in case any land office shall such forged or altered certificate shall be received upon any debt for land have been paid heretofore sold, or in part payment of any tract of land that may be here

altered certifiafter sold, it shall be the duty of the commissioner of the general land cates. office, by advertisement, or in such other manner as he shall direct, to give notice thereof to the person making such payment; and if, within six months after notice, such person shall not pay into the proper land office the amount so falsely paid, the tract of land upon which such pay, ment was made, shall, with all money actually paid thereon, be forfeited to the United States.

Sec. 7. And be it further enacted, That, where two or more persons

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