1816. and collection eight hundred and sixteen; and all the provisions of the act, en- District of Cotitled "An act to provide additional revenues for defraying the umbia, for expenses of government and maintaining the public credit, by Assessment laying a direct tax upon the District of Columbia," passed on the according to twenty-seventh day of February, in the year one thousand eight act of 27th hundred and fifteen, except so far as the same have been varied by subsequent acts, shall be held to apply to the assessment and collection of the direct tax which is hereinbefore laid upon the said district. Feb. 1815. of the treasu 5. That whenever the secretary of the treasury shall be The secretary duly advised of the assumption, by any state, of the payment of ry being duly its quota of the said direct tax, he shall give directions to the advised of the assumption of assessors of such state to suspend the further execution of their its quota of direspective offices in relation to this act: Provided, That, if any recitax by state, so assuming the payment of its quota of said direct tax, &c. shall fail to pay the same at the time fixed upon for such pay state assumment, the secretary of the treasury shall instruct the assessors of ing to pay, said state to proceed in the execution of their respective duties and failing, in relation to this act. any state, Proviso; any the assessors are to proceed, &c. its quota, may portion from lands. § 6. That if either the states of Ohio or Louisiana shall pay Ohio or Louiits quota of the direct tax, according to the provisions of the siana paying act, entitled "An act to provide additional revenues for defray- collect a just ing the expenses of government, and maintaining the public and equal procredit, by laying a direct tax upon the United States, and to purchasers of provide for assessing and collecting the same," the legislature the public thereof shall be, and they are hereby, authorized and empower- Vol. ii. p. ed to collect, of all the purchasers of public lands under 1451. any law of the United States, a just and equal proportion of the quota of said states respectively, the compact between the United States and the said states to the contrary notwithstanding. [Approved, March 5, 1816.] CHAP. 25. An act granting bounties in land an extra pay to certain Canadian volunteers. Act of 1816, ch. 76. act of 1817, ch. 279. act of 1821, United States, Canada at its the United § 1. Be it enacted, &c. That all such persons as had been citizens of the United States, anterior to the late war, and were, at its ch. 182. commencement, inhabitants of the province of Canada, and who, Citizens of the during the said war, joined the armies of the United States, as anterior to the volunteers, and were slain, died in service, or continued therein war of 1812, till honourably discharged, shall be entitled to the following residing in quantities of land, respectively, to wit: Each colonel, nine hun- commencedred and sixty acres; each major, to eight hundred acres; each ment, and having joined captain, six hundred and forty acres; each subaltern officer, to the armies of four hundred and eighty acres; each noncommissioned officer, States, &c. musician, or private, to three hundred and twenty acres; and Quantity to the bounties aforesaid shall extend to the medical and other staff, who shall rank according to their pay. And it shall be lawful for the said persons to locate their claims in quarter sections, be located in upon any of the unappropriated lands of the United States, with-quarter secin the Indiana Territory, which shall have been surveyed prior appropriated to such location, with the exception of salt springs, and lead Indiana Termines therein, and of the quantities of land adjacent thereto, ritory, which which may be reserved for the use of the same, by the president surveyed, each person. Claims may tions, on un lands in the have been except salt of the United States, and the section number sixteen, in every springs, &c. township, to be granted to the inhabitants of such township, for cation, &c. as the use of public schools; which locations shall be subject to the president such regulations, as to priority of choice and the manner of loshall prescribe. cation, as the president of the United States shall prescribe. Secretary of war, accord 2. That the secretary for the department of war, for the time ing to rules of being, shall, from time to time, under such rules and regulations, evidence to be as to evidence, as the president of the United States shall preprescribed by the president, scribe, issue to every person coming within the description aforesaid, a warrant for such quantity of land as he may be entitled to by virtue of the aforesaid provision; and in case of the death of such person, then such warrant shall be issued to his widow, or if no widow to his child or children. &c. Vol. iii. p. 1819. Three months additional pay to Canadian 3. That the treasurer of the United States be, and he is hereby, authorized and required, to pay to each of the persons aforevolunteers, ac said, three months' additional pay, according to the rank they respectively held in the army of the United States during the late war. [Approved, March 5, 1816.] cording to rank. Repealed. Vol. iii. p. 1617. 1657. Annual, in compensation. senate, &c. To senators, tives, and delegates, &c. representa CHAP. 30. An act to change the mode of compensation to the members of the senate and house of representatives, and the delegates from territories. § 1. Be it enacted, &c. That, instead of the daily compensastead of daily, tion now allowed by law, there shall be paid, annually, to the senators, representatives, and delegates from territories, of this and every future congress of the United States, the following To the presi- sums, respectively: that is to say, to the president of the senate dent of the pro tempore, when there is no vice president, and to the speaker of the house of representatives, three thousand dollars each; to each senator, member of the house of representatives, other than the speaker, and delegate, the sum of fifteen hundred dollars: Provided, nevertheless, That in case any senator, representative, or delegate, shall not attend in his place at the day on which congress shall convene, or shall absent himself before the closc case of abof the session, a deduction shall be made from the sum which sence, unless occasioned by would otherwise be allowed to him, in proportion to the time of his absence, saving to the cases of sickness the same provisions Allowance to as are established by existing laws. And the aforesaid allowance shall be certified and paid in the same manner as the heretofore. daily compensation to members of congress has heretofore been. [Approved, March 19, 1816.] Proviso; a proportional deduction in sickness. be certified and paid as Vol. ii. p. 855. CHAP. 31. An act to alter the times of holding the circuit and district courts of the United States for the district of Vermont. Circuit court to be holden on District court 1. Be it enacted, &c. That the circuit court of the United the 21st of States within and for the district of Vermont, instead of the first May. day of May, shall hereafter be holden on the twenty-first day of May; and the district court of the United States, within and to be holden for the said district, instead of the seventh day of May, shall on the 27th of hereafter be holden on the twenty-seventh day of May, at the place now fixed by law for holding the said courts. Indietments, § 2. That all indictments, informations, suits, or actions and May. suits, and pro have day in the days here proceedings, of every kind, whether of a civil or criminal nature, ceedings, of now pending in the said courts, respectively, shall have day in every kind, to court and be proceeded in, heard, tried, and determined, on the court, &c. on days herein appointed for holding the said courts respectively, in appointed. in the same manner as they might, and ought to have been done, had the said courts been holden, respectively, on the first and seventh days of May, as heretofore directed by law. &c. returnable, § 3. That all writs, suits, actions, recognisances, or other proWrits, suits, ceedings, which are or shall be instituted, sued, commenced, and to be tried, had, or taken, to the said circuit court, to have been holden as &c. on the days herein heretofore on the first day of May next, or to the said district directed. court, to have been holden as heretofore on the seventh day of May next, shall be returnable to, entered in, heard, tried, and have day in, court, in each of the said courts, respectively, to be holden at the times hereinbefore directed, in the same manner as might and ought to have been done had the said courts been holden, respectively, on the first and seventh days of May, as heretofore directed by law. days be Sun $4. That if at any time hereafter, the day or days prescribed feither of the by this act for holding either of the said courts shall be a Sun- day, court to day, such court shall commence and be holden on the following following day. day. [Approved, March 22, 1816.] CHAP. 52. An act relative to evidence in cases of naturalization. commence on Vol. ii. p. 850. vol. iii. p. act of 14th cate of the de aliens arriving &c. § 1. Be it enacted, &c. That the certificate of report and re- 1973. gistry, required as evidence of the time of arrival in the United The certificate States, according to the second section of the act of the four of report and teenth of April, one thousand eight hundred and two, entitled quired by "An act to establish an uniform rule of naturalization, and to April, 1804, repeal the act, heretofore passed on this subject ;" and also a and a certifi certificate from the proper clerk or prothonotary, of the declara- claration of intion of intention, made before a court of record, and required as tention, on application for the first condition, according to the first section of said act, shall citizenship, by be exhibited by every alien, on his application to be admitted a after the 18th citizen of the United States, in pursuance of said act, who shall June, 1812, have arrived within the limits, and under the jurisdiction, of the Repealed, United States since the eighteenth day of June, one thousand vol. iv. p. eight hundred and twelve, and shall each be recited at full length 2145. in the record of the court admitting such alien; otherwise he shall not be deemed to have complied with the conditions requisite for becoming a citizen of the United States; and any Admissions, pretended admission of an alien, who shall have arrived within without a rethe limits and under the jurisdiction of the United States, since cate, are of the said eighteenth day of June, one thousand eight hundred and no validity. twelve, to be a citizen, after the promulgation of this act, without such recital of each certificate at full length, shall be of no validity or effect under the act aforesaid. cital of certifi act to exclude § 2. That nothing herein contained shall be construed to ex- Nothing in this clude from admission to citizenship, any free white person who from admiswas residing within the limits and under the jurisdiction of the sion to citizenUnited States at any time between the eighteenth day of June, white person ship any free one thousand seven hundred and ninety-eight, and the fourteenth residing within day of April, one thousand eight hundred and two, and who, hav- States the United 1798, and the 1802, &c. Vol. ii. p. 942. plying to be between the ing continued to reside therein, without having made any de18th of June, claration or intention before a court of record, as aforesaid, may 14th of April, be entitled to become a citizen of the United States according to the act of the twenty-sixth of March, one thousand eight hundred and four, entitled "An act in addition to an act, entitled An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject." Whenever any person, without a certificate of such declaration of intention, without a cer- as aforesaid, shall make application to be admitted a citizen of tificate, must prove their re- the United States, it shall be proved, to the satisfaction of the sidence prior court, that the applicant was residing within the limits and unto the 14th April, 1802, der the jurisdiction of the United States before the fourteenth &c. day of April, one thousand eight hundred and two, and has continued to reside within the same, or he shall not be so admitted. Residence for And the residence of the applicant within the limits and under must be prov- the jurisdiction of the United States, for at least five years imed by citizens, mediately preceding the time of such application, shall be provin the record. ed by the oath or affirmation of citizens of the United States; Continued re- which citizens shall be named in the record as witnesses. And sidence, to be stated in the such continued residence within the limits and under the jurisrecord of ad- diction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. [Approved, March 22, 1816.] five years to be named mission. Expired. Vol. iii. p. 1647, 1697. vol. ii. p. 1064. Persons occu ceded to the a register, &c. thereon. CHAP. 35. An act relating to settlers on the lands of the United States. 1. Be it enacted, &c. That any person or persons who, before the first day of February, one thousand eight hundred and pying lands sixteen, had taken possession of, occupied, or made a settlement United States, on, any lands ceded or secured to the United States, by any allowed, on treaty made with a foreign nation, or by a cession from any state application to to the United States, which lands had not been previously sold, to remain ceded, or leased, by the United States, or the claims to which lands had not been previously recognised or confirmed by the United States, and who, at the time of passing this act, does or do actually inhabit and reside on such lands, may, at any time prior to the first day of September next, apply to the proper register or recorder, as the case may be, of the land office established for the disposal, registering, or recording, of such lands; and, where there is no register or recorder, to the marshal, or to such person or persons as may be, by the registers, recorders, or marshals, respectively, appointed for the purpose of receiving such applications; stating the tract or tracts of land thus occupied, settled, and inhabited, by such applicant or applicants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register, recorder, or marshal, respectively, to permit, in conformity with such instructions as may be given by the secretary of the treasury, with the approbation of the president of the United States, for that purpose, such applicant or applicants to remain on such tract or tracts of land, pro $20 acres for to give quiet vided the same shall, at that time, remain unsold by the United States, not exceeding three hundred and twenty acres for each Not exceeding applicant, as tenants at will, on such terms and conditions as each applishall prevent any waste or damage on such lands, and on the ex- cant, &e. press condition that such applicant or applicants shall, whenever such tract or tracts of land may be sold or ceded by the United States, or whenever, from any other cause, he or they may be required, under the authority of the United States, so to do, give The applicant quiet possession of such tract or tracts of land to the purchaser possession or purchasers, or to remove altogether from the land, as the case when requirmay be Provided, however, That such permission shall not be Proviso; the granted to any such applicant unless he shall previously sign a applicant to declaration, stating that he does not lay any claim to such tract tion that he or tracts of land, and that he does not occupy the same by vir- lays no claim. tue of any claim, or pretended claim, derived, or pretended to be derived, from any other person or persons; And provided also, Proviso; lead That in all cases where the tract of land applied for includes nines and salt either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the president of the United States. ed. sign a declara springs. &c. to be en 2. That all the applications made, and permissions granted Applications, by virtue of the preceding section, shall be duly entered on teredon books. books, to be kept for that purpose, by the registers, recorders, and marshals, aforesaid, respectively; and they shall be entitled Fees. to receive, from the party, for each application, fifty cents, and for each permission, one dollar. ed to the 25th 8. That this act shall continue and be in force for the term This act limitof one year, any law to the contrary notwithstanding. [Approv- March, 1817. ed, March 25, 1816.] CHAP. 39. An act to limit the right of appeal from the circuit court of the United States for the District of Columbia. less the matter the value of 1,000 dolls. 1. Be it enacted, &c. That no cause shall hereafter be re- No appeal unmoved from the circuit court of the United States for the District in dispute is of of Columbia to the supreme court of the United States by appeal or writ of error, unless the matter in dispute in such cause shall be of the value of one thousand dollars or upwards, exclusive of costs. be allowed in dollars in val the supreme 2. That when any person or persons, body polític or corporate, Appeals may shall think him, her, or themselves, aggrieved by any final judg- particular and ment, order, or decree, of the said circuit court, where the mat- important cases, where the ter in dispute, exclusive of costs, shall be of the value of one hun- matter in disdred dollars, and of less value than one thousand dollars, and pute is 100 shall have prayed an appeal, or shall desire to sue out a writ of ue, on petition error to the supreme court of the United States, such person or to a judge of persons, body politic or corporate, may exhibit a petition, in court, &c. writing, accompanied by a copy of the proceedings complained of, and an assignment of the errors relied on, to any judge of the said supreme court, who, if he should be of opinion that such errors, or any of them, involve questions of law of such extensive interest and operation as to render the final decision of them by the said supreme court desirable, may thereupon, at his discretion, and upon the terms and conditions prescribed by law, by VOL. III. 174 |