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Where two or more persons become the purchaser or purchasers of a section or fractional section.

Proviso.

have become purchasers of a section or fractional section, the register of the land office for the district in which the lands lie, shall on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them: Provided, That, in no case, shall the fractions so purchased be divided by other than north, and south, or east and west lines; nor shall any certificate issue for less than eighty acres.

APPROVED, May 23, 1828.

STATUTE I.
May 23, 1828. Chap. LXXII. An Act to provide for extending the term of certain pensions,

chargeable on the navy and privateer pension fund. Where provi- Be it enacted by the Senate and House of Representatives of the United

States of America, in Congress assembled, That in all cases where promade by law, for half pay to

to vision has been made, by law, for the five years' half pay to the widows the widows, and children of officers, seamen and marines, who were killed in battle, &c., of officers, or who died in the naval service of the United States during the late war; &c., killed in battle, &c.,

and also, in all cases where provision has been made for extending the the term of cer- term for five years in addition to any term of five years, the said provitain pensions to sion shall be further extended for an additional term of five years, to be extended.

commence at the end of the current, or last expired term of five years in each case, respectively; making the provision equal to twenty years half pay; which shall be paid out of the fund heretofore provided by law; and the said pensions shall cease for the causes mentioned in the laws

providing the same, respectively. Pensions of Sec. 2. And be it further enacted, That the pensions of all widows, all widows, who now are, or who, at any time within one year last past, have been who are now, or who may

in the receipt thereof, under the provision of the following laws of the within one United States, or either of them, to wit: An act passed March the fourth, year

one thousand eight hundred and fourteen, entitled “ An act giving penbe in receipt thereof under

sions to the orphans and widows of the persons slain in the public or provision of the private armed vessels of the United States," and an act passed April the following laws sixteenth, one thousand eight hundred and eighteen, entitled “ An act in or either of

addition to an act giving pensions to the orphans and widows of person's tinued.

slain in the public or private armed vessels of the United States," so far Act of March as regards persons receiving pensions from the fund arising from cap4, 1814, ch. 20. Act of April

1. tures and salvage, made by the private armed vessels of the United 16, 1818, ch. 65. States, be and the same are hereby continued, under the restrictions

and regulations in the said acts contained, for and during the addi

tional term of five years, from and after the period of the expiration of Proviso.

the said pensions, respectively : Provided, however, That the said pensions shall be paid from the proceeds of the privateer pension fund alone,

and without recourse to the United States, for any deficiency, should Proviso.

such occur, which may hereafter arise thereon ; And provided further, That no such pension shall be paid to any such widow after her intermarriage, had, or to be had, after she shall have become such widow.

APPROVED, May 23, 1828..

last past

them, con

STATUTE I.

May 23, 1828. Chap. LXXIII.-- An Act to authorize the improving of certain harbours, the build

ing of piers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United propriated. States of America, in Congress assembled, That the following sums be,

and the same are hereby, respectively appropriated, to be applied under

Sums respectively ap

the direction of the President of the United States, to accomplish the
objects hereinafter mentioned ; that is to say:
For removing the sand bar at or near the mouth of Merimack river

For removing in the state of Massachusetts, by erecting piers, or other works, thirty- &c.

the sand bar, two thousand one hundred dollars. For the preservation of Deer island, in Boston harbour, in the state of Preservation

of Deer island. Massachusetts, eighty-seven thousand dollars.

Towards erecting piers, or other works, at or near Stonington harbour, Piers near in the state of Connecticut, for the purpose of making the same a good stonington harand secure harbour, twenty thousand dollars.

For repairing the public piers at Port Penn, Marcus Hook, and fort Repairing Mifflin, four thousand four hundred and thirteen dollars.

piers at Port For purchasing a dredging machine, to be worked by steam, and em

Penn, &c.

Purchasing a ploying the same for the removal of the shoals forming obstructions to dredging mathe navigation near Ocracock Inlet, in the state of North Carolina, twenty chine, &c. thousand dollars.

Towards removing the sand bar at or near the mouth of Black river, Removing the in the state of Ohio, by the erection of piers, or other works, seven thou- sand bar in sand five hundred dollars.

Black river. For removing obstructions in the Apalachicola river, in the territory of Obstructions Florida, three thousand dollars.

in Apalachicola

. For improving the navigation of Red river, through, or around, that river

Improving part of it called the Raft, situated in Louisiana and Arkansas, twenty-five the navigation thousand dollars, three thousand dollars in addition to a former appropri- of Red river,

&c. ation for clearing out and deepening the harbour of Sackett's Harbour.

For making a survey of the harbour of Nantucket, and the passage A survey of leading to it, and an estimate of the cost of improving and making the the harbour of

Nantucket, &c. harbour a good and secure one, three hundred dollars.

For making a survey of Genessee river and harbour, in the state of Survey of New York, and estimates of the cost for iinproving the same, three hun- Genessee river,

&c. dred dollars.

For surveying the mouth of Sandy creek, which discharges itself into Surveying the Mexico bay, on Lake Ontario, in the state of New York, for the purpose mouth of Sandy of constructing a harbour at that place, and ascertaining the cost of the Creek, &c. same, three hundred dollars.

For making a survey and examination of the southern shore of Lake A survey of Ontario, in the state of New York, between Genessee and Oswego rivers, shore of Lake with a view to the improvement of the most accessible and commodious Ontario, &c. harbours on the frontier, by erecting piers, or other works, and estimates of the costs of the same, four hundred dollars.

For deepening the channel through the pass au Heron, near the Bay Deepening of Mobile, eighteen thousand dollars.

the pass au He

ron. For deepening the channel at the mouth of Pascagoula river, seventeen

Deepening thousand five hundred dollars, in addition to the sum before appropriated Pascagoula for that object.

river. For surveying the obstructions to the navigation of the Wabash river, Obstructions

in the Wabash between its mouth and Eel river, five hundred dollars.

river. Towards improving the navigation of the Mississippi and Ohio rivers, Mississippi the sum of fifty thousand dollars.

and Ohio rivers. For removing obstructions in the Berwick branch of the Piscataqua Removing river, eight thousand dollars.

obstructions, For deepening the inland passage, or present channel, for navigation Deepening between the St. John's river in Florida, and St. Mary's harbour, in Geor- the channel in gia, the sum of thirteen thousand five hundred dollars.

bour, &c. For a survey of the river and harbour of St. Marks, in Florida, with a Survey of the view to the practicability and expense of deepening the same, the sum of river St. Marks. five hundred dollars.

For erecting a pier and a beacon thereon, at or near a ledge of rocks Erecting a called Allen's rocks, in Warren river, the sum of four thousand dollars. pier, &c, at Al

APPROVED, May 23, 1828.
VOL. IV.-37

2 B

[graphic]

1831,

STATUTE I. May 23, 1828. Chap. LXXV.-An Act to grant certain relinquished and unappropriated lands to

the state of Alabama, for the purpose of improving the navigation of the Tench. 23. 1832, ch. 301.

nessee, Coosa, Cahawba, and Black Warrior rivers. 400,000 acres Be it enacted by the Senate and House of Representatives of the United of relinquished

States of America, in Congress assembled, That four hundred thousand Jands in certain counties in Ala- acres, of the relinquished lands in the counties of Madison, Morgan, bama granted to Limestone, Lawrence, Franklin, and Lauderdale, in the state of Alabama, said state, to be be, and the same is [are]hereby, granted to said state, to be applied to the applied to navi. gation.

improvement of the navigation of the Muscle Shoals, and Colbert's Shoals, in the Tennessee river, and such other parts of said river within said state as the legislature thereof may direct: But if there shall not be four hundred thousand acres of relinquished unappropriated land in said counties, the deficiency to be made up out of any unappropriated lands

in the county of Jackson, in said state. Price at Sec. 2. And be it further enacted, That said state of Alabama, shall which the land have power to sell, dispose of and grant said land, for the purposes aforeshall be sold. 1836, ch. 119.

said, at a price not less than the minimum price of the public lands of

the United States, at the time of such sale. Improvement.

Sec. 3. And be it further enacted, That the said state of Alabama shall 1830, ch. 79. commence said improvements within two years after the passage of this

act, and complete the same within ten years thereafter. Grant of all Sec. 4. And be it further enacted, That if said state of Alabama shall lands to become apply the lands hereby granted, or the proceeds of the sales, or any part null and void, if applied to

thereof, to any other use or object whatsoever, than as directed by this any other object act, before said improvements shall have been completed, the said grant whatever. for all lands then unsold shall thereby become null and void; and the said

state of Alabama shall become liable and bound to pay to the United States the amount for which said land, or any part thereof, may have been

sold, deducting the expenses incurred in selling the same. Improve

Sec. 5. And be it further enacted, That the improvements of said ments of said navigation shall be commenced at the lowest point of obstruction in said navigation shall river, within said state, continued up the same until completed, and be be commenced, &c.

calculated for the use of steamboats, according to such plan of construction as the United States' engineers, appointed to survey and report thereon, may recommend, and the President of the United States ap

prove: Provided, That such plan shall embrace, if practicable, a conProviso.

nection of the navigation of Elk river, with the said improvements. Surplus of

Sec. 6. And be it further enacted, That after the completion of said said grant, to improvements, the surplus of said grant, if any, shall be applied to the be applied, &c. improvement of the navigation of the Coosa, Cahawba, and Black War

rior rivers, in said state, under the direction of the legislature thereof. Rivers, when

Sec. 7. And be it further enacted, That the said rivers, when imimproved, to be proved as aforesaid, shall remain forever free from toll for all property ever free from belonging to the government of the United States, and for all persons in toll for all pro- their service, and for all the citizens of the United States, unless a toll perty belonging to the United

shall be allowed by act of Congress. States, &c. APPROVED, May 23, 1828.

STATUTE I.

May 23, 1828.
Chap. LXXVI.-An Act making an appropriation for the erection of a break-

water near the mouth of Delaware bay.
[Obsolete.)
Break water

Be it enacted by the Senate and House of Representatives of the United to be made near States of America, in Congress assembled, That the President of the the mouth of

United States cause to be made near the mouth of Delaware bay, a 250,000 dol- Sec. 2. And be it further enacted, That the sum of two hundred and lars appropria- fifty thousand dollars be, and it hereby is, appropriated, towards the ac

.

Delaware bay. breakwater.

complishment of that object, and that the same be paid out of any money in the treasury not otherwise appropriated.

APPROVED, May 23, 1828.

STATUTE I.

CHAP. LXXVII.- An Act to establish a southern judicial district in the territory May 23, 1828.

of Florida. (a) Be it enacted by the Senate and House of Representatives of the United Another judi. States of America, in Congress assembled, That there shall be established cial district to another judicial district in the territory of Florida, to be called the south- in Florida, to ern district, embracing all that part of the territory which lies south of a be called the line from Indian river on the east, and Charlotte harbour on the west, in- southern discluding the latter harbour; which said court shall exercise all the juris

trict, &c. diction within said district as the other superior courts, respectively, exercise within their respective districts, and shall be subject to all the laws which govern or regulate the same; and there shall be appointed Judge to be for said district a judge, and he is hereby authorized to appoint à clerk

appointed, who

may appoint a (a) Act relating to the courts of Florida, vol. iii. 752.

The following case, which originated in the courts established by the act of May 23, 1826, contains decisions upon principles of admiralty law, of great general interest.

The schooner North Carolina, bound from Appalachicola to Charleston, with a cargo of cotton, part on account of the consignees, and part the property of the shipper, struck on a reef about ninety-five miles from Key West; and the next morning one hundred and ten bales of cotton were taken from her by the wrecking schooner Hyder Ally, when she floated, and she sailed with the Hyder Ally to Indian Key, and arrived there the same evening. The Hyder Ally was one of those wrecking schooners in the profits of which Houseman was a participator. He became the consignee of the North Carolina; and salvage being claimed by the master of the Hyder Ally, a reference was made by the master of the North Carolina, and the master of the wrecker, and by an award thirty-five per cent. was allowed as salvage; and one hundred and two bales of cotton were put into the stores of Houseman, in part payment of the salvage; and one hundred dollars was paid in cash, and a draft for six hundred dollars was given by the captain of the North Carolina, in further satisfaction of the salvage, and the commissions of Houseman, with the vessel's expenses. Afterwards, the consignees of the cotton sent an agent to Key West, who proceeded, by a libel in his name, as agent in the superior court of the United States of Monroe county in Florida, alleging the facts, and by process issued by the court, seventy-two bales of the cotton of the North Carolina were attached in the hands of Houseman. The court decreed that the libellant should recover the seventy-two bales of cotton, and Houseman appealed to the court of appeals. In that court, a supplemental libel was filed by the appellee, claiming damages for the taking and the detention of fifty other bales of cotton, making the whole number of one hundred and twentytwo bales, which had gone into the possession of Houseman. The court of appeals gave a decree in favour of the appellee for the value of one hundred and twenty-two bales. The Supreme Court affirmed the decree as to the seventy-two bales, and set aside that part of the decree which allowed the value of the fifty bales; leaving the consignees or owners of the fifty bales to proceed in the superior court of East Florida by a new libel for the recovery of the same or the value thereof. Houseman v. The Schooner North Carolina, 15 Peters, 40.

There are many cases in which the contract of the captain, in relation to the amount of salvage to be paid to the salvors, or his agreement to refer the question to arbitrators, would bind the owners. In times of disaster, it is always his duty to exercise his best judgment, and to use his best exertions for the benefit of both the vessel and cargo : and when, from his situation, he is unable to consult them or their agent, without an inconvenient and injurious delay, it is in his power to compromise a question of salvage, and he is not bound in all cases to wait for the decision of a court of admiralty. Ibid.

So, too, when the salvage service has not been important, and the compensation demanded is a sinall one, it may often be the interest of the owners, that the amount should be settled at once by the captain, and the vessel proceed on her voyage, without waiting even a day for the purpose of consulting them. But in all such cases, unless the acts of the captain are ratified by the owners, his conduct will be carefully watched and scrutinized by the court; and his contracts will not be regarded as binding on the parties concerned, unless they appear to have been bona fide, and such as a discreet owner, placed in the same circumstances, would probably have made. If he settles the amount by agreement, those who claim under it must show that the salvage allowed was reasonable and just. If he refers it to arbitrators, those who claim the benefit of the award, must show that the proceedings were fair, and the referees worthy of the trust. Ibid.

The case is within the jurisdiction of a court of admiralty. It is a question of salvage of a vessel which had been stranded on a reef in the ocean. The points in controversy are whether salvage is due, and if due, how much. The admiralty is the only court in which such a question can be tried. Ibid.

It is well settled in admiralty proceedings, that the agent of absent owners may libel either in his own name, as agent, or in the name of his principals, as he thinks best. That a power of attorney given subsequent to the libel is a sufficient ratification of what he had before done in their behalf, and that the consignees of a cargo have a sufficient interest in the cargo that they may proceed in the admiralty for the recovery not only of their own property, but for that part of it which may be consigned to thein. Ibid.

clerk for said court.

for said court. There shall also be appointed an attorney and marshal, Attorney and who shall exercise all the duties, give the same bond and security, and be marshal's sala- entitled to the same salaries, fees, and compensation, that is now ries, &c.

allowed by law to attorneys and marshals in other districts in the

territory. Stated ses

Sec. 2. And be it further enacted, That the stated sessions of said sions of said

court shall be held on the first Mondays of May and November annually, courts.

at Key West; and such other intermediate sessions, from time to time, as the judge in his discretion may think advisable and necessary. The judge shall reside at the island of Key West, and shall be entitled to receive, as a salary for his services, two thousand dollars per annum, to be paid quarterly, out of any moneys in the treasury not otherwise appro

priated. Where in any Sec. 3. And be it further enacted, That whenever, in any case concase concerning cerning wrecked property, or property abandoned at sea, the judge wrecked pro

aforesaid shall have determined the rate of salvage to be allowed to salperty, &c., the judge shall have vors, it shall be his duty, unless the salvage decreed shall have been determined the adjusted, without recourse to vessel and cargo, to direct such proporrate of salvage, tion of salvage to be paid to the salvors in kind; and that the property salvors.

saved shall be divided accordingly, under the inspection of the officers of the court, and before it shall have been taken out of the custody of the

revenue officers. Articles in Sec. 4. And be it further enacted, That whenever it shall be ascerthe cargo of a perishable na

tained, to the satisfaction of the judge of said court that any of the ture, a sale of property saved, is, from its character, not susceptible of being divided them to be di- in the manner proposed, or that there are articles in the cargo of a perishrected.

able nature, it shall be his duty to direct a sale of the same, for the bene

fit of all concerned. Property re. Sec. 5. And be it further enacted, That the property remaining, after maining after

separating the portion adjudged to the salvors shall not be removed from the portion adjusted to the such store as may be used for public purposes, nor disposed of in any salvors, not to other way, within nine months, unless by the order of the owners, or of be removed

their authorized agents: and that the duties accruing upon such property from such stores as may be used may be secured at any port in the United States, where the owners may for public pur

reside.

Sec. 6. And be it further enacted, That no vessel shall be employed No vessel to be employed as

as a wrecker, unless under the authority of the judge of said court; a wrecker, un- and that it shall not be lawful to employ on board such vessel, any less under the wrecker who shall have made conditions with the captain or supercargo authority of the judge of said

of any wrecked vessel, before or at the time of affording relief. court, &c.

APPROVED, May 23, 1828.

poses.

STATUTE I.

May 23, 1828. Chap. LXXXV.-An Act to amend and explain an act, entitled An act confirm

ing an act of the legislature of Virginia, incorporating the Chesapeake and Ohio

Canal Company, and an act of the state of Maryland, for the same purpose."(a) Assent al- Be it enacted by the Senate and House of Representatives of the United ready given by States of America, in Congress assembled, That the assent already given the United States to the

by the United States to the charter of the Chesapeake and Ohio Canal charter of the Company, by an act of Congress, entitled "An act confirming an act of Chesapeake and the legislature of Virginia, entitled an act incorporating the Chesapeake Ohio Canal by an act of Con

and Ohio Canal Company;" and an act of the state of Maryland congress incorpo- firming the same, shall not be impaired by any change of the route of rating, and of

the said canal, from or above the town of Cumberland, on the river (a) For the acts of the states of Virginia and Maryland, and of the Congress of the United States, incorporating the Chesapeake and Ohio Canal Company, the proceedings of the general special meeting of the Potowmac Company declaring their assent thereto, made necessary by said acts, to which, are added, extracts from the charter of the Potowmac Company; see Appendix, No. 1.

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