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Potomac, or the distribution thereof into two or more sections, at any Maryland contime hereafter, or any change in the dimensions of that part of the pre

firming, the

same not to be sent eastern section, extending from Cumberland, or the mouth of Will's impaired by any Creek, to the mouth of Savage, at the base of the Alleghany, or any change, &c. substitution which the interest of the Chesapeake and Ohio Canal Com

Act of March

3, 1825, ch. 52. pany may, in the opinion of the company, require to be made, of inclined planes, rail-ways, or an artificial road for a continued canal, through the Alleghany mountain, in any route which may be, by the company, finally adopted therefor, between the town of Cumberland and the river Ohio.

Sec. 2. And be it further enacted, That, to obviate any possible am- To obviate biguity that might arise in the construction of the second section of the any possible act of Congress aforesaid, the authority, by that act designed to be given might arise in to the states of Maryland and Virginia, or to any company incorporated the construcby either or both of those states, to extend a branch from the said canal, tion of the 20 or to prolong the same, from the termination thereof, by a continuous act of Congress canal, within, or through the District of Columbia, towards the territory aforesaid, the of either of those states, shall be deemed and taken to be as full and authority given complete in all respects, as the authority granted by that act, to the Chesa- Maryland and peake and Ohio Canal Company to extend the main stem of the said Virginia, &c. canal, within the said district; or the authority reserved to the govern- shall be as full ment of the United States to provide for the extension thereof, on either or both sides of the river Potomac, within the District of Columbia : Provided, That nothing herein contained shall impair the restriction in Proviso. the charter of the Chesapeake and Ohio Canal Company, designed to protect the canal from injury, by the prolongation thereof, or by any branch therefrom.

Sec. 3. And be it further enacted, That the act of the legislature of Act of the Maryland, which passed at their December session, of one thousand eight legislature of hundred and twenty-seven, entitled “ An act further to amend the act Dec. 1837,Conincorporating the Chesapeake and Ohio Canal Company,” be, and the firmed. same is hereby, confirmed, so far as the assent of Congress may be deemed necessary thereto.

APPROVED, May 23, 1828.

STATUTE I.

Chap. LXXXVI.-An Act authorizing a subscription to the stock of the Chesa- May 24, 1828.

peuke and Ohio Canal Company. Be it enacted by the Senate and House of Representatives of the United Secretary of States of America, in Congress assembled, That the Secretary of the the Treasury, in Treasury be, and he is hereby, authorized and directed to subscribe, in United States, the name and for the use of the United States, for ten thousand shares to subscribe for of the capital stock of the Chesapeake and Ohio Canal Company, and to 10,000 shares pay for the same, at such times, and in such proportions, as shall be re- stock of the quired of and paid by the stockholders, generally, by the rules and regu- Chesapeake and lations of the company, out of the dividends which may accrue to the Ohio Canal United States upon their bank stock in the bank of the United States :

Company. Provided, That not more than one fifth part of the sum, so subscribed for Proviso. the use of the United States, shall be demanded, in any one year, after the organization of the said company; nor shall any greater sum be paid on the shares so subscribed for, than shall be proportioned to assessments made on individual or corporate stockholders : And provided, moreover, That, for the supply of water to such other canals as the state of Maryland, or Virginia, or the Congress of the United States, may authorize to be constructed, in connection with the Chesapeake and Ohio Canal, the section of the said canal leading from the head of the Little Falls of the Potomac river, to the proposed basin, next above Georgetown, in the District of Columbia, shall have the elevation, above the tide of the

Proviso.

river at the head of the said falls, and shall preserve, throughout the whole section aforesaid, a breadth, at the surface of the water, of not less than sixty feet, and a depth, below the same, of not less than five feet,

with a suitable breadth at bottom. Secretary of

Sec. 2. And be it further enacted, That the said Secretary of the the Treasury to vote for presi

Treasury shall vote for the president and directors of the said company, dent, &c., of according to such number of shares as the United States may at any time said company, hold in the stock, thereof, and shall receive, upon the said stock, the proaccording to the number of

portion of the tolls which shall, from time to time, be due to the United shares purchas- States for the shares aforesaid; and shall have and enjoy, in behalf of the ed for the Uni- United States, every other right of a stockholder in the said company. ted States.

APPROVED, May 24, 1828.

STATUTE I.
May 24, 1828. Chap. LXXXVII.-An Act to enlarge the powers of the several corporations of

the District of Columbia, and for other purposes. Corporation Be it enacted by the Senate and House of Representatives of the United of Washington, States of America, in Congress assembled, That the corporation of Washand Alexandria, ington, the corporation of Georgetown, and the corporation of Alexanto have several- dria, within the District of Columbia, shall, severally, have full power ly, full power, and authority to subscribe and pay for shares of the stock of the Chesa&c., to subscribe, &c.

peake and Ohio Canal Company; and all such subscriptions as shall have been already made by either of the said corporations, shall, and the same are hereby declared to be valid and binding on the said corpora

tions, respectively. Corporations, Sec. 2. And be it further enacted, That the said corporations shall, severally au- severally, have power and authority, from time to time, as the same may thorized to bor- be deemed by them, respectively, either necessary or expedient, to borrow money, at any rate of in- row money, at any rate of interest, not exceeding six per centum per terest not ex- annum, to pay their respective subscriptions, and the interest accruing ceeding six per thereon, to the amount which they have subscribed, or shall hereafter num.

subscribe. Certificates of Sec. 3. And be it further enacted, That the said corporations shall stock for the

be, and the same are hereby, respectively, empowered to cause to be consums borrowed to be constitu

stituted certificates of stock for the sums borrowed, in pursuance of the ted.

authority severally vested in them by this act; each of said certificates

shall be of the form following, to wit; Form. City or town of [here insert the title of the city or town.]

Mayor's Office. Be it known, That there is due from the corporation of the city or town of [here insert the title of the city or town of] unto [here insert the name of the creditor,] or assigns, the sum of [here insert the amount in dollars] bearing interest at [here insert the rate of interest] per centum per annum, from the day of - -, eighteen hundred and inclusively, payable quarter yearly; the principal sum above mentioned is to be paid on the

in the year eighteen hundred and —, which debt is recorded in this office and is transferable only by appearance in person, or by attorney, at this office. In testimony whereof, I have hereunto subscribed my name, and caused the seal of the said city to be affixed.

-, Mayor. Register, or other recording officer of the corporation. A list of such

A list of all such certificates, denoting their respective numbers, dates, certificates de noting their re

and sums, and the persons to whom the same shall have been issued, spective num- authenticated by the mayor, subscribing the same, shall be deposited by bers, &c.; to be said officer at the time of subscribing the same, or within ten days therethe Secretary of after, with the Secretary of the Treasury of the United States. the Treasury.

The said certificate shall not be issued, in any case, for a Jess" sum

day of

each, than one hundred dollars: The forgery of any such certificate, or
of any transfer thereof, or of any power of attorney purporting to autho- Forgery of
rize such transfer, shall be punishable in like manner with the forgery of a certificates.
certificate of the public debt of the United States.
Sec. 4. And be it further enacted, That the said corporations are,

An agent or respectively, empowered to employ an agent, or agents, for the purpose employed for of obtaining subscriptions to the loan or loans authorized by this act, or the purpose of of selling from time to time, the certificates of stock which may be obtaining subcreated in pursuance thereof, and to fix the compensation of such agent loan or loans

the or agents, which they shall respectively pay, as well as all other expenses authorized by attending the said loans, out of the proceeds thereof, or of any other this act. funds which they may respectively provide.

Sec. 5. And be it further enacted, That a tax, at the rate of one A tax at the per centum and thirteen-hundredths of one per centum on the assessed rate of one per value of the real and personal estates within the city of Washington, as

centum per

annum and thirshall appear by the appraisement thereof, made under the authority of the

teen huncorporation, or of the several acts of Congress, hereinafter declared to dredths of one be revived and in force, within the said corporation to be existing, at the per centum letime hereinafter limited for the collection of the said tax; and at the rate sessed value of of fifty-six hundredths of one per centum on the assessed value of the the real, &c. real and personal estate within the town of Georgetown, as shall appear estates within by the appraisement thereof, made under the authority of the corporation, Washington, or of the several acts of Congress hereinafter declared to be revived and Georgetown. in force, within the said corporation, to be existing at the time hereinafter limited for the collection of the said tax; and at the rate of fiftyeight hundredths of one per centum on the assessed value of the real and

Tax on pro

perty in Alexanpersonal estate within the town of Alexandria, as shall appear by the ap- drias praisement thereof, made under the authority of the corporation of the said town, or of the several acts of Congress, hereinafter declared to be revived and in force, within the said corporation, to be existing at the time hereinafter limited for the collection of the said tax; be, and the same is hereby, imposed and assessed on the real and personal estate lying and being in the said city and towns: and, upon the failure of the said corporations, or of any of them, to pay, into the treasury of the United States, ninety days before the same shall become due, to the holders of the shares or certificates of such loan or loans, as aforesaid, according to the terms and conditions thereof, the sum, or sums which they or any of them shall have, respectively, stipulated to pay at the expiration of the period aforesaid, so that the same shall not be ascertained beforehand to be in readiness to meet the demand or claim about to arise on the shares or certificates of the said loan—the Presi- President audent of the United States shall be, and he is hereby, empowered to

thorized to ap

point a collectappoint a collector or collectors, whose duty it shall be to proceed and or or collectcollect the tax imposed as above, on the real and personal estate in the said ors. city and towns, or either of them, the corporation or corporations of which shall have so failed to pay as aforesaid, in advance, the sum or sums about to become due and demandable as aforesaid, or any part thereof remaining unpaid, as aforesaid, into the treasury, ninety days in advance; such part, in case a part only be so in arrear, to be rateably and equally assessed, levied, and collected, upon the property chargeable, as aforesaid, with the said tax, within the said city and towns, or either of them, making such default in paying as required, ninety days in advance as aforesaid ; the appraisement or assessment of the value of the said estates, preparatory to the collection of the said tax, if not previously made by the said corporation, to be made in the mode prescribed, as aforesaid, in the several acts of Congress hereby revived and put in operation: Provided, That if satisfactory evidence be afforded the Pre- Proviso. sident of the United States, by the several corporations aforesaid, that they are proceeding, in good faith, to raise and pay, in due time, their

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portions, respectively, of the said loan or loans, and will be competent to raise the same by the means on which they rely, he shall be, and he is hereby, empowered to restrain such collector or collectors from proceeding to collect the said tax within the corporation affording the evidence aforesaid, until the expiration of the ninety days aforesaid, when if the amount of the said tax be not actually paid, the collection thereof shall

proceed without further delay, on notice to the collector of such default. Collector or

Sec. 6. And be it further enacted, That the collector or collectors, collectors to be who may be appointed as aforesaid, shall give bond, with good and appointed, to

sufficient security, for the faithful performance of the duties required by give bond, with good and suffi- this act, and shall possess all the powers, be subject to all the obligations, cient securities, and proceed, in all respects, in the discharge of his or their duties, in for the faithful collecting the said tax, as the several collectors possessed, were subject performance of the duties re

to and were required to do, by an act, entitled " An act to provide quired by this additional revenues for defraying the expenses of government, and mainact, &c.

taining the public credit, by laying a direct tax upon the District of Act of Feb. 27, 1815, ch.

Columbia," approved the twenty-seventh of February, one thousand 60.

eight hundred and fifteen, and by the several acts of Congress therein referred to, or which were subsequently passed, in order to alter or amend the same; all of which acts, for the effectual fulfilment of the purpose of this act, according to the tenor and intent thereof, are hereby declared to be revived, and in full force within the limits of the several

corporations aforesaid. Tax to be

Sec. 7. And be it further enacted, That the tax imposed by this act continued, &c., shall be continued and collected from time to time, according to the proaccording to visions and conditions of this act, and of the several acts aforesaid, so the provisions of this act.

long as the proceeds thereof may, by any possibility, be required to meet Proviso, the payment of the several loans authorized as aforesaid: Provided, how

ever, That all or either of the said corporations may, in the negotiation of such loan, or loans, as they, or either of them, shall deem it expedient to make, in pursuance of the authority vested in them by this act, stipulate such terms or conditions for the payment of the interest, or the redemption of the principal sum thereof, as shall dispense with the system

of taxation provided by this act. Where any

Sec. 8. And be it further enacted, That, in the event that any loan or loan or loans loans shall be negotiated by the said corporations, or any one of them, shall be negotiated by the

to the extent, in whole or in part, of the subscription of one or all of the corporation or said corporations, to the stock of the Chesapeake and Ohio Canal Comany one of them. pany, in conformity with the provisions of this act, and based upon the

system of taxation therein provided, a copy or copies of the contract or contracts, for any and all such loans, shall, as soon as practicable after the execution thereof, be deposited, either by the corporation or corporations contracting such loan or loans or by the creditor or creditors interested therein, with the Secretary of the Treasury; and, out of all such sums as shall be paid, by the respective corporations, in advance, as aforesaid, on account of their several contracts, or as shall be levied and collected, in manner hereinbefore provided, the holders of the certificates of any such loan shall be entitled to receive, at the public treasury, such amount as may be due to them, respectively; and, on the occurrence of any deficiency in the sum or sums voluntarily paid in, or assessed and collected, within the said corporations, respectively, for the payment of their respective creditors, the extent of such deficiency shall be ascertained by the Secretary of the Treasury, from a reference to the terms of the loan or loans, in relation to which such deficiency may occur ; and, being so ascertained and published in some one or more newspapers printed in the District of Columbia, the Secretary of the Treasury shall instruct the proper collector to proceed to collect, and pay into the public treasury, the said amount, with all lawful charges attending the same, according to such farther rateable assessment upon the estates and property within the jurisdiction of the corporation in arrear, according to the provisions of this act, and of the several acts referred to therein, as shall be sufficient to supply such ascertained deficiency; and, on the completion of such collection, the holder or holders of the certificates of the stock of the corporation, shall be entitled to receive such amount as may have been found due, and unprovided for, by the sums before paid in, or collected on account of such corporation.

APPROVED, May 24, 1828.

STATUTE I. CHAP. LXXXIX.-An Act making appropriations for custom-houses and ware- May 24, 1828. houses.

[Obsolete.) Be it enacted by the Senate and House of Representatives of the United Secretary of States of America, in Congress assembled, That the Secretary of the the Treasury to Treasury be, and he hereby is, authorized to cause to be selected, and cause to be purchased, a suitable site for a custom-house and ware-house at suitable site for Newport, in Rhode Island, and to cause a safe and convenient build- a custom-house ing to be erected thereon, for the transaction of custom-house busi- and warehouse, ness, and for the safe keeping of the records thereof and of the property Rhode Island. in the custody of the government; and that a sum not exceeding ten A sum not exthousand dollars be, and the same is hereby appropriated, for the pur- ceeding 10,000 poses aforesaid, out of any money in the treasury not otherwise appro- priated. priated.

Sec. 2. And be it further enacted, That the Secretary of the Treasury Also a suitabe, and he is hereby, likewise authorized to cause to be purchased a ble site for a suitable site for a custom-house and ware-house in the city of Mobile, in

custom-house

and warehouse the state of Alabama, and to have erected a safe and convenient build- in the city of ing, or to purchase a proper site with a suitable and convenient build- Mobile, Ála. ing already erected thereon, for the transaction of custom-house business Post, p. 398. and for the safe keeping of the property in custody of the gcvernment;

A sum not and that a sum not exceeding eight thousand five hundred dollars be, and

exceeding 8500 the same is hereby appropriated, for the purpose aforesaid, out of any dollars appromoney in the treasury not otherwise appropriated.

priated. Sec. 3. And be it further enacted, That the Secretary of the Treasury A certain be, and he hereby is, authorized to cause to be put in proper repair, and brick store in to be used for a custom-house, a certain brick store, in Newburyport, Mass., to be put Massachusetts, once the property of Abner Wood and David Wood, in repair and junior, of said Newburyport, but now belonging to the United States;

used as a cus

tom-house. and that a sum not exceeding three hundred dollars be, and the same A sum not is hereby appropriated, for the purpose aforesaid, out of any money in exceeding 300 the treasury not otherwise appropriated.

dollars appro

priated. Sec. 4. And be it further enacted, That the Secretary of the Treasury

A suitable is hereby authorized and directed to cause a suitable site to be selected site to be seand purchased for a custom-house and warehouse at Portland, in Maine, lected, &c., for

a custom-house and to cause a safe and convenient building to be erected thereon, for

and warehouse the transaction of custom-house business, and for the safe keeping of the at Portland, records thereof, and of the property in the custody of the government;

Maine. and that a sum not exceeding twenty thousand dollars is hereby appro- ceeding $20,000

A sum not ex priated, out of any money in the treasury not otherwise appropriated, appropriated. for the purposes aforesaid.

APPROVED, May 24, 1828.

Vol. IV.-38

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