each, than one hundred dollars: The forgery of any such certificate, or of any transfer thereof, or of any power of attorney purporting to authorize such transfer, shall be punishable in like manner with the forgery of a certificate of the public debt of the United States. SEC. 4. And be it further enacted, That the said corporations are, respectively, empowered to employ an agent, or agents, for the purpose of obtaining subscriptions to the loan or loans authorized by this act, or of selling from time to time, the certificates of stock which may be created in pursuance thereof, and to fix the compensation of such agent or agents, which they shall respectively pay, as well as all other expenses attending the said loans, out of the proceeds thereof, or of any other funds which they may respectively provide. SEC. 5. And be it further enacted, That a tax, at the rate of one per centum and thirteen-hundredths of one per centum on the assessed value of the real and personal estates within the city of Washington, as shall appear by the appraisement thereof, made under the authority of the corporation, or of the several acts of Congress, hereinafter declared to be revived and in force, within the said corporation to be existing, at the time hereinafter limited for the collection of the said tax; and at the rate of fifty-six hundredths of one per centum on the assessed value of the real and personal estate within the town of Georgetown, as shall appear by the appraisement thereof, made under the authority of the corporation, or of the several acts of Congress hereinafter declared to be revived and in force, within the said corporation, to be existing at the time hereinafter limited for the collection of the said tax; and at the rate of fiftyeight hundredths of one per centum on the assessed value of the real and personal estate within the town of Alexandria, as shall appear by the appraisement thereof, made under the authority of the corporation of the said town, or of the several acts of Congress, hereinafter declared to be revived and in force, within the said corporation, to be existing at the time hereinafter limited for the collection of the said tax; be, and the same is hereby, imposed and assessed on the real and personal estate lying and being in the said city and towns: and, upon the failure of the said corporations, or of any of them, to pay, into the treasury of the United States, ninety days before the same shall become due, to the holders of the shares or certificates of such loan or loans, as aforesaid, according to the terms and conditions thereof, the sum, or sums which they or any of them shall have, respectively, stipulated to pay at the expiration of the period aforesaid, so that the same shall not be ascertained beforehand to be in readiness to meet the demand or claim about to arise on the shares or certificates of the said loan-the President of the United States shall be, and he is hereby, empowered to appoint a collector or collectors, whose duty it shall be to proceed and collect the tax imposed as above, on the real and personal estate in the said city and towns, or either of them, the corporation or corporations of which shall have so failed to pay as aforesaid, in advance, the sum or sums about to become due and demandable as aforesaid, or any part thereof remaining unpaid, as aforesaid, into the treasury, ninety days in advance; such part, in case a part only be so in arrear, to be rateably and equally assessed, levied, and collected, upon the property chargeable, as aforesaid, with the said tax, within the said city and towns, or either of them, making such default in paying as required, ninety days in advance as aforesaid; the appraisement or assessment of the value of the said estates, preparatory to the collection of the said tax, if not previously made by the said corporation, to be made in the mode prescribed, as aforesaid, in the several acts of Congress hereby revived and put in operation: Provided, That if satisfactory evidence be afforded the President of the United States, by the several corporations aforesaid, that they are proceeding, in good faith, to raise and pay, in due time, their Collector or collectors to be appointed, to give bond, with good and sufficient securities, for the faithful performance of the duties required by this act, &c. Act of Feb. 27, 1815, ch. 60. Tax to be continued, &c., Where any loan or loans shall be negotiated by the corporation or any one of them. portions, respectively, of the said loan or loans, and will be competent to raise the same by the means on which they rely, he shall be, and he is hereby, empowered to restrain such collector or collectors from proceeding to collect the said tax within the corporation affording the evidence aforesaid, until the expiration of the ninety days aforesaid, when if the amount of the said tax be not actually paid, the collection thereof shall proceed without further delay, on notice to the collector of such default. SEC. 6. And be it further enacted, That the collector or collectors, who may be appointed as aforesaid, shall give bond, with good and sufficient security, for the faithful performance of the duties required by this act, and shall possess all the powers, be subject to all the obligations, and proceed, in all respects, in the discharge of his or their duties, in collecting the said tax, as the several collectors possessed, were subject to and were required to do, by an act, entitled "An act to provide additional revenues for defraying the expenses of government, and maintaining the public credit, by laying a direct tax upon the District of Columbia," approved the twenty-seventh of February, one thousand eight hundred and fifteen, and by the several acts of Congress therein referred to, or which were subsequently passed, in order to alter or amend the same; all of which acts, for the effectual fulfilment of the purpose of this act, according to the tenor and intent thereof, are hereby declared to be revived, and in full force within the limits of the several corporations aforesaid. SEC. 7. And be it further enacted, That the tax imposed by this act shall be continued and collected from time to time, according to the provisions and conditions of this act, and of the several acts aforesaid, so long as the proceeds thereof may, by any possibility, be required to meet the payment of the several loans authorized as aforesaid: Provided, however, That all or either of the said corporations may, in the negotiation of such loan, or loans, as they, or either of them, shall deem it expedient to make, in pursuance of the authority vested in them by this act, stipulate such terms or conditions for the payment of the interest, or the redemption of the principal sum thereof, as shall dispense with the system of taxation provided by this act. SEC. 8. And be it further enacted, That, in the event that any loan or loans shall be negotiated by the said corporations, or any one of them, to the extent, in whole or in part, of the subscription of one or all of the said corporations, to the stock of the Chesapeake and Ohio Canal Company, in conformity with the provisions of this act, and based upon the system of taxation therein provided, a copy or copies of the contract or contracts, for any and all such loans, shall, as soon as practicable after the execution thereof, be deposited, either by the corporation or corporations contracting such loan or loans or by the creditor or creditors interested therein, with the Secretary of the Treasury; and, out of all such sums as shall be paid, by the respective corporations, in advance, as aforesaid, on account of their several contracts, or as shall be levied and collected, in manner hereinbefore provided, the holders of the certificates of any such loan shall be entitled to receive, at the public treasury, such amount as may be due to them, respectively; and, on the occurrence of any deficiency in the sum or sums voluntarily paid in, or assessed and collected, within the said corporations, respectively, for the payment of their respective creditors, the extent of such deficiency shall be ascertained by the Secretary of the Treasury, from a reference to the terms of the loan or loans, in relation to which such deficiency may occur; and, being so ascertained and published in some one or more newspapers printed in the District of Columbia, the Secretary of the Treasury shall instruct the proper collector to proceed to collect, and pay into the public treasury, the said amount, with all lawful charges attending the same, according to such farther rateable assessment upon the estates and property within the jurisdiction of the corporation in arrear, according to the provisions of this act, and of the several acts referred to therein, as shall be sufficient to supply such ascertained deficiency; and, on the completion of such collection, the holder or holders of the certificates of the stock of the corporation, shall be entitled to receive such amount as may have been found due, and unprovided for, by the sums before paid in, or collected on account of such corporation. APPROVED, May 24, 1828. CHAP. LXXXIX.—An Act making appropriations for custom-houses and warehouses. STATUTE I. May 24, 1828. [Obsolete.] Secretary of the Treasury to cause to be purchased a suitable site for a custom-house and warehouse, at Newport, Rhode Island. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of the Treasury be, and he hereby is, authorized to cause to be selected, and purchased, a suitable site for a custom-house and ware-house at Newport, in Rhode Island, and to cause a safe and convenient building to be erected thereon, for the transaction of custom-house business, and for the safe keeping of the records thereof and of the property in the custody of the government; and that a sum not exceeding ten thousand dollars be, and the same is hereby appropriated, for the purposes aforesaid, out of any money in the treasury not otherwise appropriated. priated. SEC. 2. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, likewise authorized to cause to be purchased a suitable site for a custom-house and ware-house in the city of Mobile, in the state of Alabama, and to have erected a safe and convenient building, or to purchase a proper site with a suitable and convenient building already erected thereon, for the transaction of custom-house business and for the safe keeping of the property in custody of the government; and that a sum not exceeding eight thousand five hundred dollars be, and the same is hereby appropriated, for the purpose aforesaid, out of any money in the treasury not otherwise appropriated. SEC. 3. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized to cause to be put in proper repair, and to be used for a custom-house, a certain brick store, in Newburyport, Massachusetts, once the property of Abner Wood and David Wood, junior, of said Newburyport, but now belonging to the United States; and that a sum not exceeding three hundred dollars be, and the same is hereby appropriated, for the purpose aforesaid, out of any money in the treasury not otherwise appropriated. SEC. 4. And be it further enacted, That the Secretary of the Treasury is hereby authorized and directed to cause a suitable site to be selected and purchased for a custom-house and warehouse at Portland, in Maine, and to cause a safe and convenient building to be erected thereon, for the transaction of custom-house business, and for the safe keeping of the records thereof, and of the property in the custody of the government; and that a sum not exceeding twenty thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purposes aforesaid. APPROVED, May 24, 1828. A sum not exceeding 10,000 dollars appro Also a suitable site for a custom-house and warehouse in the city of Mobile, Ala. Post, p. 398. A sum not exceeding 8500 dollars appropriated. A certain brick store in used as a cus- exceeding 300 dollars appropriated. A suitable site to be selected, &c., for a custom-house and warehouse at Portland, Maine. A sum not ex ceeding $20,000 appropriated. VOL. IV.-38 STATUTE I. May 24, 1828. Act of May 26th 1824, ch. 173, continued in force. Claims to be decided upon. To be ratified. So much of the said act, as subjects the claimants to the payment of costs, in any case where the decision may be in favour of their claims, repealed. Where any claim, founded on concession, &c., shall be adjudged against and rejected. CHAP. XC.-An Act to continue in force for a limited time, and to amend an act, 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." (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act approved the twenty-sixth of May, eighteen 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 the same hereby is, continued in force: that is to say, for the purpose of filing petitions in the manner prescribed by that act, to and until the twenty-sixth day of May, in the year one thousand eight hundred and twenty-nine, and for the purpose of enabling the claimants to obtain a final decision on the validity of their claims in the courts of Missouri and Arkansas, respectively; the said claims having been exhibited within the time above specified; the said act shall be continued in force to, and until, the twenty-sixth day of May, in the year one thousand eight hundred and thirty, and no longer; and the courts having cognisance of said claims shall decide upon and confirm such as would have been confirmed under the laws, usages, and customs of the Spanish government, for two years, from and after the twenty-sixth day of May, one thousand eight hundred and twenty-eight, and all the claims authorized by that act, to be heard and decided, shall be ratified and confirmed to the same extent that the same would be valid if the country in which they lie had remained under the dominion of the sovereignty in which said claims originated. SEC. 2. And be it further enacted, That so much of the said act as subjects the claimants to the payment of costs in any case where the decision may be in favour of their claims, be and the same is hereby repealed, and the costs shall abide the decision of the cause as in ordinary causes before the said court; and so much of the said act as requires the claimants to make adverse claimants parties to their suits, or to show the court what adverse claimants there may be to the land claimed of the United States, be also hereby repealed. And the confirmations had by virtue of said act, and the patents issued thereon, shall operate only as relinquishment of title on the part of the United States, and shall, in no wise, affect the right or title, either in law or equity, of adverse claimants of the same land. SEC. 3. And be it further enacted, That where any claim, founded on concession, warrant, or order of survey, shall be adjudged against and rejected, the claimant or his legal representatives, by descent or purchase, being actual inhabitants and cultivators of the soil, the claim to which shall have been rejected, shall have the right of pre-emption, at the minimum price of the public lands, so soon as the land shall be surveyed and subdivided by the United States, of the quarter section on which the improvement shall be situate, and so much of every other quarter section which contains any part of the improvement, as shall be within the limits of the rejected claim. APPROVED, May 24, 1828. STATUTE I. May 24, 1828. CHAP. XCI.-An Act to authorize the legislature of the state of Indiana to sell the lands heretofore appropriated for the use of schools in that state. Be it enacted by the Senate and House of Representatives of the United of the state of States of America, in Congress assembled, That the legislature of the Legislature (a) See notes of the act of May 26, 1824, ch. 154. state of Indiana shall be, and is hereby, authorized to sell and convey, in fee simple, all, or any part, of the lands heretofore reserved and appropriated by Congress for the use of schools within said state, and to invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be forever applied, under the direction of said legislature, for the use and support of schools, within the several townships and districts of country for which they were originally reserved and set apart, and for no other use or purpose whatsoever: Provided, said land, or any part thereof, shall, in no case, be sold without the consent of the inhabitants of such township, or district, to be obtained in such manner as the legislature of said state shall, by law, direct: And provided, also, That in the apportionment of the proceeds of said fund, each township and district aforesaid shall be entitled to such part thereof, and no more, as shall have accrued from the sum or sums of money arising from the sale of the school lands belonging to such township or district. Indiana autho- lands hereto- by Congress for the use of schools within said state. Proviso. Proviso. Where pro ceeds are in SEC. 2. And be it further enacted, That, if the proceeds accruing to any township or district, from said fund, shall be insufficient for the sup-cufficient for port of schools therein, it shall be lawful for said legislature to invest the the support of same, as is herein before directed, until the whole proceeds of the fund schools in any belonging to such township or district shall be adequate to the permanent township. maintenance and support of schools within the same. APPROVED, May 24, 1828. STATUTE I. CHAP. XCIII.-An Act supplementary to the several acts providing for the adjust- May 24, 1828. ment of land claims in the state of Mississippi. Claimants of lands within limits of the land district of Jackson Courtlow the 31st dehouse lying begree of north lat. whose that part of the claims have Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the claimants of lands within that part of the limits of the land district of Jackson Courthouse, in the state of Mississippi, lying below the thirty-first degree of north latitude, whose claims have been presented to the commissioners appointed to receive and examine claims and titles to lands in said district of Jackson Courthouse, or to the register and receiver of the land office at Jackson Courthouse, acting as commissioners under the provisions of the act of third of March, one thousand eight hundred and nineteen, entitled "An act for adjusting the claims to lands, and establishing land offices in the district east of the Island of New Orleans," and which have not been reported to Congress, or whose claims have not been heretofore presented to said commissioners, or to the register and receiver acting as commissioners, or whose claims have been acted upon, but additional evidence adduced, be allowed until the first day of January, one thousand eight hundred and twenty-nine, to present their titles and claims, and the evidence in support of the same, to the register and receiver of the land office at Jackson Courthouse, in the state of Mississippi, whose powers and duties in relation to the same, shall, in all respects, be governed by the provisions of the acts before recited, and of the act of the eighth of May, eighteen hundred and twenty-two, entitled "An act supplementary to the several acts for adjusting the claims to land, 1822, ch. 128. and establishing land offices in the district east of the island of New Orleans." SEC. 2. And be it further enacted, That the said register and receiver shall have power to receive and examine such titles and claims, and for that purpose shall hold their sessions at Jackson Courthouse, and the town of Shieldsborough. They shall give immediate notice after the passage of this act of the time and place of their meeting, but may adjourn from time to time as may best suit the convenience of claimants, upon giving due notice thereof. And the said register and receiver shall have power to appoint a clerk, who shall be a person capable of al Jan. 1st, 1829, to present their titles, &c. Act of May 8, Register and receiver to hold their sessions at Jackson Courthouse, and the town of Shieldsborough, &c. Register and receiver to ap point a clerk. |