STATUTE I. March 25, 1830. CHAP. XLI.—An Act making appropriations to carry into effect certain Indian [Obsolete.] Appropriations. Permanent annuity under treaties. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money in the treasury, viz: For payment, for the year one thousand eight hundred and thirty, of the permanent annuity provided for by the second article of the treaty treaty of July, concluded at Prairie du Chien, the twenty-ninth July, one thousand eight hundred and twenty-nine, with the Chippewa, Ottawa, and Pattawattamie Indians, sixteen thousand dollars. 1829. Goods. Salt. Transporta tion. Claims. Surveying boundaries. Limited annu ity under treaty August, 1829. Goods. Tobacco. Transportation. Transportation. shops. Oxen and cart, &c. Claims against Winnebagoes. Survey of boundaries. STATUTE 1. For the purchase of goods, stipulated by the said article to be delivered to the said Indians, twelve thousand dollars. For the purchase of fifty barrels of salt, for one thousand eight hundred and thirty, stipulated by the said article, one hundred and twentyfive dollars. For transportation of the said annuity and salt, and expense of provisions at the delivery of the same, one thousand dollars. For the payment of claims provided for by the fifth article of the said treaty, eleven thousand six hundred and one dollars. For the expense of surveying the boundaries of the cession made by the said treaty, two thousand dollars. For the payment, for the year one thousand eight hundred and thirty, of the limited annuity provided by the second article of the treaty made at Prairie du Chien, the second August, one thousand eight hundred and twenty-nine, with the Winnebago Indians, eighteen thousand, dollars. For purchasing goods to be delivered at the treaty, as stipulated by the said second article, thirty thousand dollars. For purchasing three thousand pounds of tobacco, per same article, for one thousand eight hundred and thirty, three hundred dollars. For transportation of the same, sixty dollars. For purchasing fifty barrels of salt, per said second article, one hundred and twenty-five dollars. For transportation of the same, one hundred dollars. For support of three blacksmiths' shops, including pay of smiths, and assistants, also tools, iron, steel, &c. for the year one thousand eight hundred and thirty, as per third article of said treaty, three thousand dollars. For the purchase of two yoke of oxen, and a cart, and for the services of a man at the portage of Wisconsin and Fox rivers, for one thousand eight hundred and thirty, as per same article, five hundred and thirty-five dollars. For the payment of sundry claims against the Winnebagoes, as provided for by the fourth article of said treaty, twenty-three thousand five hundred and thirty-two dollars. For expense of surveying the boundaries of the territory ceded by the said treaty, one thousand seven hundred and forty dollars. APPROVED, March 25, 1830. March 31, 1830. CHAP. XLVIII.—An Act for the relief of the purchasers of public lands, and for the suppression of fraudulent practices at the public sales of the lands of the United States. (a) Lands which Be it enacted by the Senate and House of Representatives of the United have reverted States of America, in Congress assembled, That all purchasers, their heirs or assignees, of such of the public lands of the United States as to U. S. under relief laws, (a) See notes to act of Mar. 21, 1828, ch. 22. may be redeem ed in either of the three fol 1. Pre-emption until July 30, 1831, at minimum price of public lands, in addition to amount already paid. Proviso: en tire price not to were sold on a credit, and on which a further credit has been taken, under any of the laws passed for the relief of purchasers of public lands, and which lands have reverted to the United States, on account of the lowing ways: balance due thereon not having been paid or discharged agreeably to said relief laws, such persons may avail themselves of any one of the three following provisions contained in this section, to wit: First, They shall have a right of pre-emption of the same lands, until the fourth day of July, one thousand eight hundred and thirty-one, upon their paying into the proper office the sum per acre therefor, which shall, at the time of payment, be the minimum price per acre of the public lands of the United States, in addition to the amount heretofore paid thereon, and forfeited: Provided, That the price, including what has already been paid, and the amount to be paid, shall not, in any case, exceed three dollars and fifty cents per acre: Second, they shall have the right of completing the payment of said lands, by paying the balance of the principal debt due thereon, in cash, subject to a deduction of thirty-seven and a half per cent. as heretofore, at any time previous to the fourth day of July, one thousand eight hundred and thirty-one: Third, They shall have the right, within nine months from the passage of this act, in all cases where the price for which said lands were sold did not exceed two dollars and fifty cents per acre, to draw scrip for the amount paid thereon, in the manner prescribed in the act, approved the twenty-third day of May, one thousand eight hundred and twenty-eight, entitled "An act for the relief of purchasers of public lands that have reverted for non-payment of the purchase money," and which scrip shall be receivable in the same manner as directed by said act, except only that it shall not be taken in payment for lands hereafter bought at public sale. SEC. 2. And be it further enacted, That all purchasers, their heirs, or assignees, of such of the public lands of the United States as were sold on credit, and which lands have, by such persons, been relinquished under any of the laws passed for the relief of purchasers of public lands, and the amount paid thereon applied in payment of other lands retained by them, and which relinquished lands, or any part thereof, may now be in possession of such persons; or in case the certificate of purchase, and part payment of said lands, has been transferred by the persons now in possession of said lands, or part thereof, or the persons under whom the present occupants may hold such possession, to some other person not in possession thereof, and the payment made thereon applied by such other person, or his assignee, in payment for land held in his own name: in either case, the persons so in possession, shall have the right of pre-emption of the same lands, according to the legal sub-divisions of sections, not exceeding the quantity of two quarter sections, in contiguous tracts, until the fourth day of July, one thousand eight hundred and thirty-one, upon their paying into the proper office, the sum per acre therefor, which shall, at the time of payment, be the minimum price per acre of the United States' public lands; and in addition thereto, the same amount per acre heretofore paid thereon, and applied to other lands, subject to a deduction of thirty-seven and a half per cent. on the last mentioned sum: Provided, That the sum to be paid shall not, in any case, exceed three dollars and fifty cents per acre: Provided also, That such persons only shall be entitled to the benefits of this section, who shall apply for the same, and prove their possession, to the satisfaction of the register and receiver of the district in which the land may lie, in the manner to be prescribed by the commissioner of the general land office, within nine months from the passage of this act; for which, such register and receiver shall each be entitled to receive from such applicants, the sum of fifty cents each; And provided further, That the provisions of this section shall not extend to any lands that have, in any manner, been disposed of by the United States. exceed 3 dolls. and 50 c. 2. Payment before July 4, 1831, of 624 balance due. per cent. on the 3. Where the price did not ex ceed 2 dolls.and 50 c. purchasers may, within nine months, draw scrip for the amount paid, in manner pre scribed in act of May 23, 1828, ch. 71. Where lands relinquished under relief laws (the sum paid having been applied in payment of other lands) remain in possession of the relinquishers; or linquished lands remain in possession of persons (or of persons holding under these) who transferred the certifi where such re cate of purchase and part payment of those lands, to another person by whom said part payment applied in pay was ment of land held in his own name: in either case, the persons so in possession shall have a right of pre-emption, &c. Provisoes. of On failure to comply with provisions this act, lands to be offered for sale. SEC. 3. And be it further enacted, That, on failure to apply for, and show a right of pre-emption, under the second section of this act, within the time allowed therefor; and also on failure to complete the payment on any of the lands, agreeably to the provisions of this act, within the period allowed for that purpose, in either case, the whole of such lands shall be forthwith offered for sale without delay. All agreeSEC. 4. And be it further enacted, That if any person or persons ments or acts shall, before or at the time of the public sale of any of the lands of the having for object to prevent United States, bargain, contract or agree, or shall attempt to bargain, any one from contract, or agree with any other person or persons, that the last named bidding upon or purchasing pub-person or persons; shall not bid upon, or purchase the land so offered for lic lands, prohi- sale, or any parcel thereof, or shall by intimidation, combination, or unfair management, hinder or prevent, or attempt to hinder or prevent any person or persons from bidding upon or purchasing any tract or tracts of land so offered for sale, every such offender, his, her, or their aiders and abetters, being thereof duly convicted, shall, for every such offence, be fined not exceeding one thousand dollars, or imprisoned not exceeding two years, or both in the discretion of the court. bited. Penalty. All agreements to the effect that one person shall pay to another, a premium of any kind upon the price at which lands of the U. 8. may be bid off by the latter, to be null and void. Any premium paid in consequence of such agreement may be recovered. Discovery may be enforced by bill in equity. Proviso: suit to be commence ed within six years. STATUTE I. SEC. 5. And be it further enacted, That if any person or persons, shall, before, or at the time of the public sale of any of the lands of the United States, enter into any contract, bargain, agreement, or secret understanding with any other person or persons, proposing to purchase such land, to pay or give to such purchasers for such land, a sum of money, or other article of property, over and above the price at which the land may or shall be bid off by such purchasers, every such contract, bargain, agreement, or secret understanding, and every bond, obligation, or writing of any kind whatsoever founded upon, or growing out of the same, shall be utterly null and void. And any person or persons being a party to such contract, bargain, agreement, or secret understanding, who shall or may pay to such purchasers, any sum of money or other article of property, as aforesaid, over and above the purchase money of such land, may sue for, and recover such excess from such purchasers in any court having jurisdiction of the same. And if the party aggrieved, have no legal evidence of such contract, bargain, agreement, or secret understanding, or of the payment of the excess aforesaid, he may, by bill in equity, compel such purchasers to make discovery thereof; and if in such case, the complainant shall ask for relief, the court in which the bill is pending, may proceed to final decree between the parties to the same; Provided, every such suit either in law or equity shall be commenced within six years next, after the sale of said land by the United States. APPROVED, March 31, 1830. March 31, 1830. CHAP. XLIX.-An Act to change the port of entry from Nova Iberia to Franklin, in the state of Louisiana. Port of entry Be it enacted by the Senate and House of Representatives of the United changed from States of America, in Congress assembled, That hereafter, the port of entry in the district of Teche, in the state of Louisiana, shall be at Franklin, instead of Nova Iberia, in said district; and the collector thereof shall hereafter reside at said Franklin. Nova Iberia to APPROVED, March 31, 1830. STATUTE I. March 31, 1830. CHAP. L.-An Act changing the residence of the collector in the district of Bur lington, in the state of New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That hereafter, the collector of the district of Burlington, in the state of New Jersey, shall reside at CHAP. LII.—An Act to change the time and place of holding the court for the county of Crawford, in the territory of Michigan. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the term of the court appointed to be held, annually, on the second Monday in May, at the village of Prairie du Chien, by the additional judge of the United States for the territory of Michigan, shall be held on the first Monday in October, annually, at Mineral Point, in the county of Iowa, in the said territory; and the cases which shall be pending in the said court on the second Monday in May next, shall be tried and determined at the time and place above designated, in the county of Iowa; and the clerk and sheriff of said county shall be the clerk and sheriff of this court; and its jurisdiction shall be and continue the same as if said county of Crawford had not been divided. APPROVED, April 2, 1830. CHAP. LIX.-An Act amending and supplementary to the act to aid the state of April 2, 1830. Ohio in extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said state, to aid in the construction of the canals authorized by law, and for making donations of land to certain persons in Arkansas territory. Provision of Act of May 24, 1828, ch. 108, repealed. Proviso: State Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the act, approved May twenty-fourth, one thousand eight hundred and twentyeight, entitled "An act to aid the state of Ohio in extending the Miami canal from Dayton to Lake Erie, and to grant a quantity of land to said state, to aid in the construction of the canals authorized by law, and for making donations of land to certain persons in Arkansas territory," as provides that the extension of the Miami canal shall be completed within twenty years, or that the state shall be bound to pay to the United States the amount of any land previously sold, be, and the same is hereby, repealed: Provided, That if the state of Ohio shall apply the said lands, or the proceeds of the sales, or any part thereof, to any other use what- of Ohio not to apply the land ever, than in the extension of the Miami canal, before the same shall have been completed, the said grant, for all lands unsold, shall thereby become null and void, and the said state of Ohio 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: And provided also, That it shall be lawful for the legislature of said state to appropriate the proceeds of the land so granted, either in extending the said Miami canal from Dayton to Lake Erie, or in the construction of a rail-road, from the termination of the said canal, at Dayton, towards the said lake. SEC. 2. And be it further enacted, That, whenever the line of the said canal, to be extended as aforesaid, from Dayton to the Maumee river, at the mouth of Auglaize, shall pass over land sold by the United States, it shall be lawful for the governor of the state of Ohio to locate other lands in lieu of the land so sold: Provided, such locations shall not exceed the number of acres necessary to complete an aggregate quantity, equal to one half of five sections in width, on each side of said extended canal. APPROVED, April 2, 1830. to, &c. Penalty. Proviso. When line of said canal passes over land sold by the U. States, governor of Ohio may locate other lands. Proviso. STATUTE I. April 7, 1830. [Obsolete.] Appropriations CHAP. LX.-An Act making appropriations to pay the expenses incurred in holding certain Indian treaties. Be it enacted by the Senate and House of Representatives of the United for holding In- States of America, in Congress assembled, That the following sums be appropriated, to be paid out of any money in the treasury, not otherwise appropriated, for the objects herein specified, viz: dian treaties. Expenses of For payment of the expenses incurred by the commissioners in precommissioners. paring for and holding treaties with the Winnebago Indians, and also, with the Chippewas, Ottowas, and Pattawatamies, and the council held with the Sacs and Foxes, at Prairie du Chien, in July and August, one thousand eight hundred and twenty-nine, eight thousand nine hundred and ninety-four dollars and fourteen cents. Reimburse For reimbursing the "contingencies of the Indian department," this ment of compen- amount paid from said contingencies to General McNeil and Mr. Atwater, on account of their compensation, two thousand three hundred and ninety-four dollars and sixty cents. sation to commissioners. Compensation to commission ers. For payment of compensation yet due to one of the commissioners, seven hundred and fifty-three dollars and forty-three cents. Compensation For payment of the compensation and all other services of the secretary of the commission, four hundred and thirty dollars. to secretary. Presents. &c. Services of, For payment of a draft drawn by the commissioners on the Secretary of War, on account of presents to the Sacs and Foxes, eight hundred and fifty dollars. For paying Doctor Alexander Walcott, General H. Dodge, John H. Kenzie, and Henry Gratiot, for services rendered by them in negotiating the said treaties, six hundred dollars. APPROVED, April 7, 1830. STATUTE I. April 15, 1830. CHAP. LXVIII.—An Act authorizing the appointment of an additional brigadier general for the territory of Arkansas. President of United States authorized to appoint brigadier general in Arkansas. STATUTE I. April 23, 1830. [Obsolete.] Appropriations Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States, by and with the advice and consent of the Senate, be, and he is hereby authorized to appoint a brigadier general for the second brigade of the Arkansas militia. APPROVED, April 15, 1830. CHAP. LXXII.—An Act making additional appropriations for the improvement of certain harbours, and for removing obstructions at the mouths of certain rivers, for the year one thousand eight hundred and thirty. Be it enacted by the Senate and House of Representatives of the United for continuance States of America, in Congress assembled, That the following sums of of certain works. Huron river. Grand river. Cleaveland harbour. Black river. money be, and the same are hereby, appropriated for carrying on and completing certain works heretofore commenced, to be paid out of any money in the treasury, not otherwise appropriated, viz: For removing obstructions at the mouth of Huron river, Ohio, one thousand eight hundred and eighty dollars and thirty-six cents. For completing the removal of obstructions at the mouth of Grand river, Ohio, five thousand five hundred and sixty-three dollars and eigh teen cents. For completing the improvements of Cleaveland harbour, Ohio, one thousand seven hundred and eighty-six dollars and fifty-six cents. For removing sand bar at or near the mouth of Black river, Ohio, eight thousand five hundred and fifty-nine dollars and seventy-seven cents. |