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Court in Ar

kansas autho

rized to revise certain decrees, &c. and to re

verse them.

twenty-sixth day of May, one thousand eight hundred and twenty-four, entitled "An act to enable claimants to lands within the limits of the state of Missouri and territory of Arkansas, to institute proceedings to try the validity of their claims," shall be, and hereby is, continued in force, so far as the said act relates to the claims within the territory of Arkansas, until the first day of July, one thousand eight hundred and thirty-one, for the purpose of enabling the court in Arkansas, having cognisance of claims under the said act, to proceed by bills of review, filed, or to be filed, in the said court, on the part of the United States, for the purpose of revising all or any of the decrees of the said court in cases wherein it shall appear to the said court, or be alleged in such bills of review, that the jurisdiction of the same was assumed, in any case, on any forged warrant, concession, grant, order of survey, or other evidence of title; and, in every case wherein it shall appear to the said court, on the prosecution of any such bill of review, that such warrant, concession, grant, order of survey, or other evidence of title, is a forgery, it shall be lawful, and the said court is hereby authorized to proceed, by further order and decree, to reverse and annul any prior decree or adjudication upon such claim; and thereupon such prior decree or adjudication shall be deemed, and held in all places whatever, to be null and Mode of pro- void to all intents and purposes. And the said court shall proceed on ceeding. such bills of review, by such rules of practice and regulations as they may adopt, for the execution of the powers vested or confirmed in them by this act.

No entries of

SEC. 2. And be it further enacted, That no entries of land in any of land to be made the land offices in Arkansas, under any of the provisions of the said act, shall be made, until the further direction of Congress.

until, &c.

Requisites to the issuing of

patents under

decrees of said court: 1st. Original warrant, &c. to be pro

duced, &c.

2d. Genuine

ness of this warrant, &c. to be established

to

satisfaction of

commissioner of general land

office, or of said

court upon review.

Entries, patents, &c. not to be made, cept, &c.

ex

In case of reversal, &c.

lands to be sub

SEC. 3. And be it further enacted, That no patent shall be issued for lands under any decree of the said court, in any case in which the original warrant, concession, grant, or order of survey, has been withdrawn from the files of the said court, unless the person or persons claiming such patent shall first produce and deposit, in the office of the commissioner of the general land office, the original warrant, concession, grant, or order of survey, on which such decree was founded, and on which the said court took jurisdiction under the said act; and no patent shall be issued until the further order of Congress, in any case, under the said act, until it shall satisfactorily appear to the commissioner of the general land office that the warrant, concession, grant, or order of survey, on which any lands are claimed, under any decree of the said court, was, in fact, made or issued by or under the authority of the person or persons purporting to have made or issued the same, or unless the said warrant, concession, grant, or order of survey shall have been determined by the said court, on the hearing of a bill of review, to be genuine.

SEC. 4. And be it further[enacted,]That no entry, survey, or patent, shall, at any time hereafter, be made or issued under the said act, except in the name of the original party to any such decree, and on proof to the satisfaction of the officers, respectively, that the party applying is such original party, or is duly authorized by such original party, or his heirs, to make, receive, or require such entry, patent, or survey.

SEC. 5. And be it further enacted, That in all cases in which the said court shall, by decree or adjudication, under this act, review and annul ject to sale, &c. any prior decree or adjudication therein, any lands which may have been heretofore entered, under any such prior decree or adjudication, shall, thereafter, be subject to sale or entry as other public lands of the United States may be.

President of

U.S. authorized to employ addi

tional counsel.

SEC. 6. And be it further enacted, That the President of the United States is hereby authorized to employ, on behalf of the United States, such counsel on their part, in the territory of Arkansas, or elsewhere, to be associated for that purpose with the district attorney of the same

territory, as he may deem the interests of the United States may require, in the prosecution of such bills of review before the said court.

SEC. 7. And be it further enacted, That, in all cases, the party against whom the judgment or decree of the said court may be finally given, shall be entitled to an appeal, within one year from the time of its rendition, to the Supreme Court of the United States, which court shall have power to review the decision of the court below, both on the law and the facts; and the court in Arkansas be, and the same is hereby required to spread upon the record the whole testimony, together with the reasons for their decision in each case, and to transmit to the Supreme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title.

Appeal to the United States. Supreme Court

Grounds of appeal.

Extra compen

sation to judges, $800 dollars per

annum.

SEC. 8. And be it further enacted, That each of the judges of the supreme court of the territory of Arkansas shall, while in the discharge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as judges of the superior court for the territory of Arkansas, which shall be in full for their services, to be paid out of any money in the treasury, not other- Appropriation. wise appropriated.

APPROVED, May 8, 1830.

STATUTE.

CHAP. XCI.—An Act supplementary to the act, entitled "An act to authorize the citizens of the territories of Arkansas and Florida to elect their officers, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in case any vacancy has occurred, or shall occur in any office to which any person has been, or shall be elected by the citizens of Arkansas, under the provisions of the act to which this is a supplement, either by a refusal to accept the same, or by death, resignation, or otherwise, the governor of the said territory is hereby authorized and required to supply such vacancy, until the next general election; and in case any vacancy shall occur, in the offices of justice of the peace, auditor, or treasurer for the said territory, either by a refusal to accept the same, or by death, resignation, or otherwise, the governor thereof is hereby authorized and required to supply such vacancy until the next meeting of the legislature. APPROVED, May 8, 1830.

May 8, 1830. [Obsolete.]

Certain vacancies to be filled

by governor till next general election.

Act of Jan. 21, 1829, ch. 13.

Others till

meeting of legislature.

STATUTE I.

CHAP. XCII.-An Act to authorize the re-conveyance of a lot of land to the May 10, 1830. mayor and corporation of the city of New York.

WHEREAS the mayor and corporation of the city of New York, on the sixth May, one thousand eight hundred and eight, did convey to the United States, a lot of land at the foot of Hubert-street, in the city of New York, called the North Battery," so long as the same should be used and applied to the defence and safety of the port of New York, and no longer :"

Be it therefore enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, whenever the President of the United States shall determine that the said lot is no longer useful for the purposes aforesaid, he be, and he hereby is, authorized to cause the same to be re-conveyed to the mayor and corporation of New York, the works thereon to be dismantled, and the materials thereof to be disposed of, in such manner as, in his judgment, the public interest may require.

APPROVED, May 10, 1830.
VOL. IV.-51

2 L2

President of United States authorized to reconvey North Battery to the

city

of New

York, &c.

STATUTE I.

May 14, 1830.

Draw to be made. &c.

$6000 appropriated.

Lamps to be kept, &c.

Width may be reduced to 24

feet, &c.

Form of warps.

Sec. of War

tor of this work.

CHAP. XCV.—An Act to alter the bridge and draws across the Potomac, from
Washington city to Alexandria.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the corporation of Georgetown, in the District of Columbia, be, and they are hereby, authorized, within six months from the passing of this act, to form a draw in the bridge leading from Washington city to Alexandria, across the Potomac river, not less than sixty-six feet in length, nor less than twelve feet wide; and for defraying the expense of making said draw, the sum of six thousand dollars be, and the same is hereby, appropriated, out of any unappropriated money in the treasury.

SEC. 2. And be it further enacted, That the Washington Bridge Company shall hereafter be required to keep eight reflecting lamps, to be lighted during the night, of which four shall be at the principal draw, two at the smaller draw, and one at each end of the bridge; and in repairing said bridge, the company may, and hereby are, permitted to reduce the width of the bridge to twenty-four feet, leaving four feet on one side of said bridge for foot-passengers, which shall, by a strong and sufficient railing, be separated from the carriage-way.

SEC. 3. And be it further enacted, That, in making said draw, the opposite side of the warps, above and below the bridge, shall be curved off in circular form; and the sides of the spaces covered by said draw, shall be sufficiently and strongly planked up on each side; and said bridge company shall remove from the passage through it, all obstructions to safe navigation.

SEC. 4. And be it further enacted, That so soon as the Secretary to be the inspec- of War shall be fully satisfied that the work contemplated by this act to be done, under the superintendence and authority of the corporation of Georgetown, is properly and sufficiently well done, and is entirely safe for Appropriation the passing of wagons, then, and not before, shall the appropriation herein made condition- be paid, or so much of the same as shall be sufficient to meet the ally. expenses of making said draw.

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SEC. 5. And be it further enacted, That said corporation of Georgetown shall not interrupt the passage across said bridge for a longer period than sixty days, under the penalty of paying to the bridge company, an amount equal to ten dollars, for each and every day over sixty days, that the passing of said bridge may be interrupted.

SEC. 6. And be it further enacted, That if said company shall refuse to the corporation of Georgetown the right to execute the provisions of this act, then the rights and provisions in favour of said company, secured by the second section of this act, shall be null and void, and of no effect.

SEC. 7. And be it further enacted, That if the said company shall refuse to permit the alteration in the draw herein provided for, and shall, within thirty days after the passage of this act, notify the corporation of Georgetown of such refusal, then this act, and every thing therein contained, shall cease to have effect.

SEC. 8. And be it further enacted, That the corporation of Washington, in the said District of Columbia, be authorized to form a draw in said bridge, over the eastern channel of said river, thirty-five feet wide; for which purpose the sum of two thousand dollars is hereby appropriated, and is to be applied in the same manner, by the corporation of Washington, to the construction of the said last-mentioned draw, as the appropriation in the first section of this act is to be made and applied by the corporation of Georgetown, to the construction of the first-mentioned draw; and, further, that all the provisions of this act, relating to the firstmentioned draw and the corporation of Georgetown, shall apply to the draw last mentioned and the corporation of Washington.

SEC. 9. And be it further enacted, That nothing contained in this act shall be considered as giving a construction to so much of the tenth and eleventh sections of the original charter of said bridge company, as relates to the construction of draws in said bridge. APPROVED, May 14, 1830.

This act not to

be considered as construing, &c.

STATUTE I.

CHAP. XCVI.—An Act to alter the time of holding the sessions of the legislative May 14, 1830. council of the territory of Florida.

Times for ses

mence.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legislative council sions to of the territory of Florida shall commence its session on the first Monday in January in each year, instead of the second Monday in October, as now directed by law.

SEC. 2. And be it further enacted, That the first and third sections of an act "to amend an act for the apprehension of criminals and the punishment of crimes and misdemeanors," passed by said legislative council the fifteenth day of November, eighteen hundred and twentynine, be, and the same are hereby annulled. APPROVED, May 14, 1830.

com

Vol. iii. 654.

Certain enact

ments of the legislative council annulled.

CHAP. XCVIII.—An Act to establish a port of delivery at Delaware City. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That Delaware City, in the district of Philadelphia, shall be a port of delivery; and a surveyor shall be appointed, who shall reside at said city. APPROVED, May 20, 1830.

CHAP. XCIX..

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STATUTE I.

May 20, 1830. Port of Delivery established.

STATUTE I.

-An Act making appropriations to carry into effect the treaty May 20, 1830. of Butte des Mortes.

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 they are hereby, appropriated, to be paid out of any unappropriated money in the treasury, to carry into effect a treaty with the Chippewa, Menomonie, and Winnebago Indians, ratified the twenty-third February, one thousand eight hundred and twenty-nine, viz:

[Obsolete.] Appropriations for treaty with Chippewas, &c.

Distributing

For the expense of distributing goods among the Indians at said treaty, as stipulated in the fourth article, fifteen thousand six hundred and eighty- goods.

two dollars.

For purposes of education, as provided by the fifth article, for three years, three thousand dollars.

For compensation of commissioners, and other expenses attending the adjustment of boundaries, and other objects referred to in the first, second, and third articles, five thousand dollars. APPROVED, May 20, 1830.

Education.

Boundary commissioners, &c.

CHAP. CI.-An Act to reduce the duties on coffee, tea, and cocoa. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the thirtyfirst day of December, one thousand eight hundred and thirty, the duty on coffee shall be two cents per pound, and from and after the thirty

STATUTE I.

May 20, 1830.

Duty on coffee.

1833, ch. 23.

Cocoa.

Teas imported from China, &c.

Teas imported from any other place, or in fo

reign bottoms, &c.

These duties

applied to tea, &c., remaining in custom-house stores, &c.

Proviso.

first day of December, one thousand eight hundred and thirty-one, the duty on coffee shall be one cent per pound, and no more; and from and after the thirty-first day of December, one thousand eight hundred and thirty, the duty on cocoa shall be one cent per pound, and no more. And that from and after the thirty-first December, one thousand eight hundred and thirty-one, the following rates of duty and no other, shall be levied and collected on teas imported from China, or other place east of the Cape of Good Hope, and in vessels of the United States, to wit: Imperial, Gunpowder, and Gomee, twenty-five cents per pound; Hyson and Young Hyson, eighteen cents per pound; Hyson Skin, and other green teas, twelve cents per pound; Souchong and other black teas, except Bohea, ten cents per pound, and Bohea four cents per pound; and on teas imported from any other place, or in vessels other than those of the United States, the following rates, to wit: Imperial, Gunpowder, and Gomee, thirty-seven cents; Hyson, and Young Hyson, twenty-seven cents; Hyson Skin, and other green teas, twenty cents; Souchong, and other black teas, except Bohea, eighteen cents; and Bohea, six cents per pound.

SEC. 2. And be it further enacted, That tea, cocoa, and coffee, which have been, or which shall be hereafter, put into the custom-house stores, under the bond of the importer, and which shall remain under the control of the proper officer of the customs, on the thirty-first of December, one thousand eight hundred and thirty, and the thirty-first day of December, one thousand eight hundred and thirty-one, respectively, shall be subject to no higher duty than if the same were imported, respectively, after the said thirty-first day of December, one thousand eight hundred and thirty, and the thirty-first day of December, one thousand eight hundred and thirty-one: Provided, That nothing herein contained shall be construed to alter or postpone the time when the duty on the said tea, cocoa, and coffee shall be payable. APPROVED, May 20, 1830.

STATUTE I.

May 20, 1830.

Act of May

26,1824, ch.181.

Mode of drawing and empanneling juries to conform to that

of the state courts.

Duties of mar

shal and judge, to those of the state sheriff and judges.

&c., to conform

CHAP. CII.-An Act to amend an act, entitled “An act to regulate the practice in the courts of the United States, for the district of Louisiana. (a)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the mode of proceeding in drawing and empanneling juries in the courts of the United States for the Louisiana districts, shall be the same as is now provided by law in the district courts of the state of Louisiana; and that the judge of the United States' courts in said district be, and he is hereby authorized, by rule, to adopt any amendment that may hereafter be made to the laws of the said state, prescribing the qualification of jurors, and providing for drawing and empanneling juries.

SEC. 2. And be it further enacted, That all the duties prescribed by the laws of the state of Louisiana, to be performed by the sheriff, in relation to the drawing and summoning of jurors, shall be performed by the marshals, and those so prescribed for the parish judge, or the district judge of the state, shall be performed by the district judge of the United States. And that the duties so prescribed by the said state laws, imposed on any other state officer, shall be performed by such householders as shall be designated by the said judge of the district court of the Uni

ted States.

APPROVED, May 20, 1830.

(a) See notes to the act of May 26, 1824, ch. 181.

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