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land to be of

The unlocated land shall be offered for sale to the highest bidder, under the di

le rection of the register of the land office and of the receiver of at Chillicothe, public moneys for the said district, at Chillicothe, on such day as on such day holl as the presi

y shall, by proclamation of the president of the United States, be dent, by pro- designated for that purpose; the sale shall remain open six days, clamation, may direct; at and no longer; the lands shall not be sold for less than two dolnot less than lars an acre; and shall, in every other respect, be sold in tracts acre, &c. of the same size, and on the same terms and conditions, as have Land remain- been, or may be, provided for lands in the said district. All the ing unsold at, said unlocated land remaining unsold at the close of the public public, may be disposed of at sales, may be disposed of at private sale by the register of the private sale. said land office, in the same manner, under the same regulations,

for the same price, and on the same terms, as are, or may be, proPatents as for vided by law for the sale of lands in the said district; and palands in the tents shall be obtained in the same manner, and on the same district terms, as for other public lands in the said district. 4 dolls. to su- $ 2. That the superintendents of the public sales directed by perintendents this

andens this act, shall, each, receive four dollars a day for each day's atfor each day attendance on tendance on the said sales. (Approved, April 29, 1816.) the sales.

the judicial

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Obsoletc... CAAP. 154. An act supplemental to the act, entitled "An act regulating and defining the duVol.ii. p. 1521. lies of the judges of ihe territory of Illinois," and for vesting in the courts of the territory

of Indiana a jurisdiction in chancery cases arising in the said territory. New.counties $1. Be it enacted, &c. That, when a new county shall be esattached to tablished in the territory of Illinois, by the legislature thereof,

such new county shall be attached to the judicial circuit from circuit, &c. sue Circuit courts which the largest portion thereof is taken ; and it shall be the to be held in

um duty of the judges allotted to such circuit, in pursuance of the thé new counties twice a act to which this is a supplement, to hold courts in such new year, &c.

county twice in each year, at such time and place as the legisla

ture of the territory may designate. When a judge is 2. That when any judge in the said territory shall be unable is unable to hold the courts to hold the courts within the circuit to which he is allotted, by in the circuit reason of any disability, it shall be the duty of the judge allotted allotted, the judge allotted to the circuit nearest thereto to hold the courts in such circuit, to the circuit until the disability of the judge allotted to the circuit shall be nearest is to hold them, un- removed, or, (in case of the death or resignation of a judge,) until the disabi

· til a successor is appointed. lity is removed, &c. $ 3. That the judge of any circuit within the said territory The judge of a shall have power to appoint a clerk to each court within his

court, (circuit,) and to fill any vacancy occasioned by the death powered to appoint a" or resignation of the clerk. clerk, &c.

$ 4. That when any person charged with felony shall be comWhen any person has

s mitted to prison in any county within the territory aforesaid, it been commit- shall be lawful for the governor of the territory to issue his writ, ted to prison :

le directed to the judge allotted to the circuit including the county governor of where such accused person may be committed, commanding him the territory

to his to hold a court of oyer and terminer, for the trial of the accused ; writ, com and it shall be the duty of the judge to whom such writ is dimanding the judge to hold rected, to hold the court at the courthouse of the county at such a court time as may be specified in such writ; and all process issued, or Process to b

to be proceedings had, before the writ shall be issued, shall be returned such court. to the said court of oyer and terminer,

circuit em

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make laws in

$5. That this act, and the act to which this is supplemental, This act to re

af main in force shall be and remain in force until the end of the next session of until the legislature of the said territory, and no longer; and the le- session, &c.

The legislagislature of the said territory shall have power and authority to cure of Illinois make laws, in all cases, for the good government of the territory authorized to aforesaid, not repugnant to the principles and articles of the or- all cases, &c. dinaces, and to organize the courts of the said territory, and prescribe the times and places of their session. . $ 6. That the general court of the territoryof Indiana be, and Tho general

court of Indiait is hereby, authorized and empowered to exercise chancery na authorized powers as well as a common law jurisdiction, under such regu- to exercise Jations as the legislature of said territory may prescribe. (Ap- powers. proved, April 29, 1816.]

Vol. iii. p.

tled to vote for members

1252

tion of the act

Chap. 155. An act to alter certain parts of the act providing for the government of the Obsolete. territory of Missouri.

1728. Sl. Be it enacted, &c. That the electors of the territory of Electors enti Missouri, entitled to vote for members of the house of representatives of the territory, at the time of electing the representa- of the house of tives to the general assembly, shall, in each county in said ter-representaritory, elect one member of the legislative council, to serve for Vol. 1. p. two years, and no longer, qualified according to the provisions of 1252. the fifth section of the "act providing for the government of the territory of Missouri,” passed June fourth, one thousand eight & majority to hundred and twelve, a majority of whom shall be a quorum, and be a quorum. shall possess the same powers as are granted to the legislative cancy in the council by the said recited act : and in case of vacancy of a les

""council, the member of the legislative council, by resignation or otherwise, the governor, &c. governor of the territory shall issue a writ to the county to elect another person to serve the residue of the term.

$ 2. That so much of the eighth section of the said recited so much of act, as requires the general assembly of said territory to meet the 8th.seconce in each year, be repealed, and the said general assembly of 4th June, shall meet once in every other year, at St. Louis, and such meet- 1812, as re

quires the geing shall be on the first Monday in Deceniber, unless they shall, neral assemby law, appoint a different day : Provided, That the governor for bly the time being shall have authority, by proclamation, to convene repealed, and ibe general assembly whenever he shall deem the interest of the ass territory may require it.

meet, &c. $ 3. That the general assembly of the said territory shall be, The general and are hereby, authorized to require the judges of the superior ihorized to

assembly aucourt of the said territory to hold superior and circuit courts, to quire the judg

es to hold suappoint the times and places of holding the same; and, under per such rules and regulations as the general assembly may in that cuit courts, behalf prescribe, the circuit court shall be composed of one of

Jurisdiction of the said judges, and shall have jurisdiction in all criminal cases, circuit courts. and exclusive original jurisdiction in all those which are capital, Superior and

Wo circuit courts and original jurisdiction in all civil cases of the value of one to exercise hundred dollars, and the superior and circuit courts shall possess chancery and exercise chancery powers as well as common law jurisdiction in all civil cases : Provided, That there shall be an appeal Proviso ; apin matters of law and equity, in all cases, from the circuit courts per

circuit to the to the superior court of the said territory.

superior court.

meet once a year,

neral

nd cir

powers.

al from the

Part of acts repugnant to this act, repealed.

$ 4. That 'such part of the said recited acts as is repugnant to, or inconsistent with, the provisions of this act, be, and the same is hereby, repealed. [Approved, April 29, 1816.)

Vol.ii. p.1059. Chap. 159. An act for the confirmation of certain claims to land in the western district of

the state of Louisiana and in the territory of Missouri. Reference to Whereas, by the eighth section of the act of third March, one the act of 3d March, 1807, thousand eight hundred and seven, it is required that the comrespecting ti- missioners for ascertaining and adjusting the titles and claims to to land in the lands in the then territories of Orleans and Louisiana, should arOrleans and range their reports into three general classes, the second of which Louisiana.

classes should contain claims which, though not embraced by the provisions of the several acts of congress, ought, nevertheless, in the opinion of the commissioners, to be confirmed, in

conformity with the laws, usages, and customs, of the Spanish Class of

government : And whereas the commissioners, in and for the braced by acts western district of the state of Louisiana, formerly territory of of congress, Orleans, in their several reports of the sixteenth of October, one the opinion”of thousand eight hundred and twelve, fourth of December, one the commise, thousand eight hundred and twelve, ninth of March, one thousto be confirm- and eight hundred and thirteen, sixth of April, one thousand 'ed.

eight hundred and fifteen, first of May, one thousand eight hundred and fifteen, and fourth of May, one thousand eight hundred and fifteen, have formed this second class, recommending the claims which it embraces, for confirmation, and have designated the same by letter B, and the register of the land office and receiver of public moneys, acting as commissioners for adjusting the titles and claims to land in the said district, in their report, dated the thirtieth day of December, one thousand eight hundred

and fifteen, under the act giving further time for registering 1216, 1300, claims to land in the western district of the territory of Orleans, 1410.

passed the tenth day of March, one thousand eight hundred and twelve, the “ Act giving further time for registering claims to land in the eastern and western districts of the territory of Orleans," passed the twenty-seventh day of February, one thous

and eight hundred and thirteen, and the act of the twelfth day Claims ar of April, one thousand eight hundred and fourteen, have arrangranged in classes, nu ed the claims into the following classes, to wit: one, two, three, merically. four, five, six, seven, eight, nine, ten, eleven: Therefore, Claims mark

$1. Be it enacted, lic. That the claims marked B, and deed B, &c. confirined. scribed in the several classes in the above mentioned reports of the

commissioners for the western district of the state of Louisiana,

formerly territory of Orleans, and recommended by them for conProviso; no firmation, be, and the same are hereby, confirmed : Provided, person enti nevertheless, That under no one claim shall any person or persons than a league be entitled, under this act, to more than the quantity contained square. in a league square. Claims em $ 2. That all claims embraced in the reports of the recorder reports of the of land titles, acting as commissioner for ascertaining and adrecorder, &c. justing the titles and claims to land in the territory of Missouri, where the de- dated November first, one thousand eight hundred and fifteen, been favora. and February second, one thousand eight hundred and sixteen, ble, confirmed,

Vol.ii. p.

&c.

the certificate

where the decision of the said commissioner is in favor of the claimants, shall be, and the same are hereby, confirmed, to wit: confirmations of village claims under the act of congress of the thirteenth day of June, one thousand eight hundred and twelve ; Vol. ii. p. grants of the late board of commissioners, appointed for ascer- 1257. 1306. taining and adjusting the titles and claims to lands in the territory of Missouri, extended by virtue of the fourth section of the act of the third of March, one thousand eight hundred and thirteen ; grants and confirmations under the several acts of congress, commencing with the act of the thirteenth day of June, one thousand eight hundred and twelve.

§ 3. That in all cases not provided for by law for patent cer- In cases not tificates to issue, every person, and the legal representative of persons whose every person, whose claim to a tract of land is confirmed by this claims have or any former act, and who has not already obtained a patent ed, &c. enticertificate for the same, shall, whenever his claim shall have been fled to a certilocated and surveyed, according to law, be entitled to receive, tent when from the register of the land office at Opelousas, in the state of their claims Louisiana, or from the recorder of land titles in the territory of cated, &c. Missouri, as the case may be, a certificate, stating that the claimant is entitled to a patent for such tract of land, by virtue of this

A dollar for act; for which certificate the officer issuing the same shall receive one dollar; and the certificate shall entitle the party to a to the officer patent for the tract of land, which shall issue in like manner as issuing it: is provided by law for patents to issue for lands purchased of the cate to entitle United States. [Approved, April 29, 1816.]

the party to a

patent. CHAP. 162. An act concerning pre-emption rights, given in the purchase of lands, to cer

tain seulers in the state of Louisiana and in the territories of Missouri and Illinois.

§ 1. Be it enacted, &c. That any person, and the legal repre- Persons entisentatives of any person, entitled to a preference, in becoming ferenco, in bethe purchaser, from the United States, of a tract of land, at pri- coming puro vate sale, in the state of Louisiana, and in the territories of Mis- vate sale, of souri and Illinois, according to the provisions of the act, entitled tracts of land “ An act giving the right of pre-emption, in the purchase of lands, Missouri and to certain settlers in the Illinois territory," passed February fifth, Porcos, acil one thousand eight hgndred and thirteen, and the fifth section provisions of of the “ Act for the final adjustment of land titles in the state of an act of 5th Louisiana and territory of Missouri,” passed April twelfth, one the 5th section thousand eight hundred and fourteen, who is settled on a fraction

12th April, of a section or fractional quarter section, containing less than 1814, settled, one hundred and sixty acres, shall have the privilege of purchas- the privilege,

, ing one or more adjoining fractional quarter sections, or the ad- &c. joining quarter section, including their improvements, or the 1291.'idio. fraction improved by them, at their option; and the provisions of the said recited acts are hereby made applicable to them, so far as they are consistent with the provisions of this act.

§ 2. That in cases where two or more persons entitled 10 the right of pre-emption, shall be setiled upon one quarter or frac- are entitled to tional quarter section of land, each person shall be authorized to emption, &c. purchase one or more quarter sections, or fractional quarter sec

authorized, iions, of the section or fractional section of land upon which they &c. Vol. III.

182

of an act of

Where two or more persons

each

person is

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Vol. iii. p.

The consent

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And tho sec. are so settled ; and the section or fractional section upon which tion or frac- c jonal section such persons are settled shall be equally divided between them, upon which in such manner as the register and receiver, within whose district they are sel- the land lice shouldete tled to be

the land lies, shall determine and direct, so as to secure, as far as equally divid- may be practicable, to every such person their improvements, ed, as the register, &c. respectively; and where the improvement of such persons shall Where the im- be upon two or more quarter sections, such persons shall be enupon two or titled to purchase the quarter sections upon which his improvemore quarter ment shall be. [Approved, April 29, 1816.) sections, &c.

CHAP. 163. An act declaring the consent of congress to acts of the stale of South Carolina, 1849.

authorizing the city council of Charleston to impose and collect a duty on the tonnage of vessels from foreign ports; and to acts of the state of Georgia, authorizing the imposition and collection of a duty on the tonnage of vessels in the ports of Savannah and St. Mary's.

$1. Be it enacted, &c. That the consent of congress be, and of congress granted to any is hereby, granted and declared to the operation of any act of neral assemse ge- the general assembly of the state of South Carolina, now in ex

souciai aus bly of S. Ca- istence, or which inay hereafter be passed, so far as the same exizing a duty of

tends, or may extend, to authorize the city council of Charles

us, way a nd, a 10 conts per ton to impose and levy a duty, not exceeding ten cents per ton, ton on vesse of the U.

els on all ships and vessels of the United States, which shall arrive States enter- and be entered in the port of Charleston, from any foreign port ton from 10-es or place ; for the purpose of providing a fund for the temporary reign ports for relief and maintenance of sick or disabled seamen in the marine

het, &c. hospital of the said port of Charleston. of Charleston,

ollector $ 2. That the collector of the port of Charleston be, and he is to collect the hereby, authorized to collect the duties imposed, or authorized duties, and the imposed by this o pay them, &c."

ten to be imposed, by this act, and to pay the same to such persons

as shall be authorized to receive the same by the city council of

Charleston. The consen congress

nt of 3. That the consent of congress be, and is hereby, granted granted to any and declared to the operation of any act of the general assembly. eral assembly

een of the state of Georgia, now in existence, or which may hereafof Georgia, ter be passed, so far as the same extends, or may extend, to auauth duty of two

*thorize the levying and collecting a tonnage duty, not exceeding cents per ton two cents per ton, upon coasting vessels, and four cents per ton on coasting

and upon vessels from foreign ports, arriving at and entering the ports four cents per of Savannah and St. Mary's; for the purpose of providing a fund ton on vessels from foreign for the payment of the fees of the harbor master and health offiports, ontering, cer of those ports, respectively: Provided, The said acts shall

not contain provisions inconsistent with the operation of any law

of the United States made in execution of existing treaties. This act in $ 4. That this act shall be in force for five years, and from force until the

or the first thence to the end of the next session of congress thereafter, and session, &c. no longer. (Approved, April 29, 1816.]

act of

&c.

CHAP. 164. An act to authorize the survey of two millions of acres of the public lands, in

lieu of that quantity heretofore authorized to be surveyed in the territory of Michigan, as military bounty lands.

Vol. i. p.1243. § 1. Be it enacted, &c. That so much of the “ Act to provide

for designating, surveying, and granting, the military bounty

lands,” approved the sixth day of May, one thousand eight hunSo much ofthe dred and twelve, as authorizes the president of the United States act of the 6th

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