land to be of fered for sale at Chillicothe, 2 dolls. per acre, &c. The unlocated land shall be offered for sale to the highest bidder, under the direction of the register of the land office and of the receiver of public moneys for the said district, at Chillicothe, on such day as on such day shall, by proclamation of the president of the United States, be as the presìdent, 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 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 paother public lands 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 act, shall, each, receive four dollars a day for each day's atfor each day's attendance on tendance on the said sales. [Approved, April 29, 1816.] the sales. Obsolete. Vol. ii. p. 1521. New counties in Illinois to be attached to the judicial circuit, &c. Circuit courts to be held in the new counties twice a year, &c. is unable to allotted, the CHAP. 154. An act supplemental to the act, entitled "An act regulating and defining the duties of the judges of the territory of Illinois," and for vesting in the courts of the territory of Indiana a jurisdiction in chancery cases arising in the said territory. 1. Be it enacted, &c. That, when a new county shall be established in the territory of Illinois, by the legislature thereof, such new county shall be attached to the judicial circuit from which the largest portion thereof is taken; and it shall be the duty of the judges allotted to such circuit, in pursuance of the act to which this is a supplement, to hold courts in such new county twice in each year, at such time and place as the legislature of the territory may designate. When a judge 2. That when any judge in the said territory shall be unable 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 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 hold them, un- removed, or, (in case of the death or resignation of a judge,) until the disabi-til a successor is appointed. nearest is to lity is remov ed, &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 or resignation of the clerk. circuit em powered to appoint a clerk, &c. When any person has governor of the territory 4. That when any person charged with felony shall be committed 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 directed to the judge allotted to the circuit including the county where such accused person may be committed, commanding him to hold a court of oyer and terminer, for the trial of the accused; and it shall be the duty of the judge to whom such writ is directed, to hold the court at the courthouse of the county at such time as may be specified in such writ; and all process issued, or proceedings had, before the writ shall be issued, shall be returned to the said court of oyer and terminer, may issue his writ, commanding the judge to hold a court. Process to be returned to such court. main in force 5. That this act, and the act to which this is supplemental, This act to reshall be and remain in force until the end of the next session of until the next the legislature of the said territory, and no longer; and the le- session, &c. The legisla gislature of the said territory shall have power and authority to ture 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. make laws in court of India to exercise $6. That the general court of the territory of Indiana be, and The general it is hereby, authorized and empowered to exercise chancery na authorized powers as well as a common law jurisdiction, under such regu- chancery lations as the legislature of said territory may prescribe. [Ap- powers. proved, April 29, 1816.] CHAP. 155. An act to alter certain parts of the act providing for the government of the Obsolete. territory of Missouri. Vol. iii. p. 1728. tled to vote 1252. 1. Be it enacted, &c. That the electors of the territory of Electors entiMissouri, entitled to vote for members of the house of represen- for members tatives 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- tives, &c. ritory, elect one member of the legislative council, to serve for Vol. ii. p. two years, and no longer, qualified according to the provisions of the fifth section of the "act providing for the government of the territory of Missouri," passed June fourth, one thousand eight A 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 legislative 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. In case of va council, the quires the ge 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 reing shall be on the first Monday in December, unless they shall, neral assemby law, appoint a different day: Provided, That the governor for the time being shall have authority, by proclamation, to convene the general assembly whenever he shall deem the interest of the territory may require it. bly to meet repealed, and the general assembly to meet, &c. once a year, assembly au es to hold su &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 thorized to recourt of the said territory to hold superior and circuit courts, to quire the judgappoint the times and places of holding the same; and, under perior and cirsuch 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 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 jurisdic- powers. tion 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 Pircuit to the peal from the to the superior court of the said territory. circuit courts superior court. 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 the act of 3d tles and claims Orleans and Louisiana. Class of claims not em but which, in ed. Whereas, by the eighth section of the act of third March, one March, 1807, thousand eight hundred and seven, it is required that the comrespecting - missioners for ascertaining and adjusting the titles and claims to to land in the lands in the then territories of Orleans and Louisiana, should arterritories of range their reports into three general classes, the second of which 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 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 commis- thousand eight hundred and twelve, ninth of March, one thoussioners, ought to be confirm and eight hundred and thirteen, sixth of April, one thousand 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 claims to land in the western district of the territory of Orleans, 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 thousand eight hundred and thirteen, and the act of the twelfth day of April, one thousand eight hundred and fourteen, have arranged the claims into the following classes, to wit: one, two, three, four, five, six, seven, eight, nine, ten, eleven: Therefore, Vol. ii. p. 1216, 1300, 1410. Claims arranged in classes, numerically. Claims marked B, &c. confirmed. Proviso; no person enti iled to more than a league square. Claims embraced in the 1. Be it enacted, &c. That the claims marked B, and described 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 confirmation, be, and the same are hereby, confirmed: Provided, nevertheless, That under no one claim shall any person or persons be entitled, under this act, to more than the quantity contained in a league square. § 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, cision has &c. 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. provided for, been confirm have been lo §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 led to a certificate for a palocated 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 act; for which certificate the officer issuing the same shall re- the certificate ceive one dollar; and the certificate shall entitle the party to patent for the tract of land, which shall issue in like manner as is provided by law for patents to issue for lands purchased of the United States. [Approved, April 29, 1816.] a CHAP. 162. An act concerning pre-emption rights, given in the purchase of lands, to certain settlers in the state of Louisiana and in the territories of Missouri and Illinois. A dollar for to the officer the party to a Persons enti in Louisiana, cording to the Feb. 1813, and 1. Be it enacted, &c. That any person, and the legal repre- led to a presentatives of any person, entitled to a preference, in becoming ference, in bethe purchaser, from the United States, of a tract of land, at pri- coming purchasers at private 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, inois, acone 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 of an act of 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. 1410. 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 to the right of pre-emption, shall be settled 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- each person is tions, of the section or fractional section of land upon which they &c. VOL. III. 182 &c. to have Vol. ii. Where two or more persons right of pre authorized, tion or frac tional section And the sec- are so settled; and the section or fractional section upon which 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 settled 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, respectively; and where the improvement of such persons shall Where the im- be upon two or more quarter sections, such persons shall be entitled to purchase the quarter sections upon which his improvement shall be. [Approved, April 29, 1816.] ed, as the register, &c. provement is upon two or more quarter sections, &c. Vol. iii. p. 1849. The consent of congress neral assem CHAP. 163. An act declaring the consent of congress to acts of the state of South Carolina, 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 granted to any is hereby, granted and declared to the operation of any act of act of the ge- the general assembly of the state of South Carolina, now in exbly of S. Ca- istence, or which may hereafter be passed, so far as the same exrolina, author- tends, or may extend, to authorize the city council of Charleston to impose and levy a duty, not exceeding ten cents per ton, ton on vessels 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 ing at Charleston from fo- 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 hospital of the said port of Charleston. izing a duty of 10 cents per of the U. the relief, &c. The collector of Charleston duties, and to collect the congress eral assembly $2. That the collector of the port of Charleston be, and he is hereby, authorized to collect the duties imposed, or authorized 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 consent 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 act of the gen, 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 auauthorizing a thorize the levying and collecting a tonnage duty, not exceeding duty of two cents per ton two cents per ton, upon coasting vessels, and four cents per ton vessels, 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 from foreign for the payment of the fees of the harbor master and health offiports, entering, 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. on coasting ton on vessels &c. This act in force until the 4. That this act shall be in force for five years, and from end of the first thence to the end of the next session of congress thereafter, and no longer. [Approved, April 29, 1816.] session, &c. Vol. ii. p.1243. 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. § 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 of the dred and twelve, as authorizes the president of the United States act of the 6th |
