1838.

All conveyances, &c., (ex

to be recorded

within six

months, shall take effect from

knowledgment; but deeds of trust and mortgages whenever

fore any justices of the peace beyond the limits of the District of Columbia, there shall accompany such certificate of acknowledgment a certificate of the clerk or other public officer having official cognizance of the fact, under his official seal, that such persons were, at the date of their said certificate, in fact, justices as they purport to be.

SEC. 2. And be it further enacted, That every conveyance, cept,) delivered Covenant, agreement and other deed, (except deeds of trust and mortgages,) which shall be acknowledged or proved, and certified, according to law, and delivered to the clerk of the proper the time of ac- court, to be recorded within six months after the sealing and delivery thereof, shall take effect and be valid as to all persons from the time of such acknowledgment or proof; but all deeds delivered, and of trust and mortgages, whensoever they shall be delivered to the clerk of the proper court to be recorded, and all other consix months, shall veyances, covenants, agreements, and deeds, which shall not be all subsequent acknowledged, proved, or certified, and delivered to the clerk out notice, and of the proper court to be recorded within six months after the as to creditors sealing and delivering thereof, shall take effect and be valid, as being delivered to all subsequent purchasers for valuable consideration, without

other conveyances not de

livered within

take effect as to

purchases, with

from the time of

to be recorded

only.

Proviso:

Title-bonds,

&c., in relation

to land, may be

proved, &c., in

the same manner

as deeds for its

conveyance, &c.

If any feme

deed relinquish

dower, &c., be

notice, and as to all creditors, from the time when such deed of trust or mortgage, or such other conveyance, covenant, agreement, or deed, shall have been so acknowledged, proved, or certified, and delivered to the clerk of the proper court to be recorded, and from that time only: Provided, however, That if two or more deeds containing the same property, after having been so acknowledged, or proved and certified, be delivered to the clerk to be recorded on the same day, that which shall have been first sealed and delivered shall have preference in law.

SEC. 3. And be it further enacted, That every title-bond, or other written contract in relation to land, may be proved, acknowledged, certified, and recorded, in the same manner as deeds for the conveyance of land; and such proof or acknowledgment, and certificate, and the delivery of such bond or contract to the clerk of the proper court, to be recorded, shall be taken and held to be notice to all subsequent purchasers of the existence of such bond or contract.

SEC. 4. And be it further enacted, That if any feme covert Covert, party to a shall be a party executing such deed and shall only be relining her right of quishing her right of dower in such estate or interest, or when fore two justices a husband and his wife shall have sealed and delivered a writof the peace, and being examined ing purporting to be a conveyance of any estate or interest, and ledge the same such feme covert shall appear before any two justices of the to be her act, &c. peace of any State or Territory of the United States, or of the shall annex to District of Columbia, and, being by them examined privily and certificate in the apart from her husband, and having the deed fully explained to following form. her, shall acknowledge the same to be her act and deed, and

shall acknow

said justices

such writing a

shall declare that she had willingly signed, sealed, and delivered the same, and that she wished not to retract it; and such privy examination, acknowledgment, and declaration, shall be certified by such justices under their hands and seals, by a certificate annexed to such writing, and to the following effect; that is to say:

E

county [or corporation, &c.] to wit:

We, A B and C D, justices of the peace in the county [or cor-
poration, &c.] aforesaid, in the State [or Territory, &c.] of-
do hereby certify that E F the wife of G H, party to a certain
deed bearing date on the
day of
and hereunto
annexed, personally appeared before us in our county [or cor-
poration, &c.] aforesaid, the said E F, being well known to us
as [or proved by the oaths of credible witnesses before us to be].
the person who executed the said deed, and being by us ex-
amined, privily and apart from her husband, and having the
deed aforesaid fully explained to her, she, the said E F, acknow-
ledged the same to be her act and deed, and declared that she
had willingly signed, sealed, and delivered the same, and that
she wished not to retract it. Given under our hands and seals
this
day of

A. B. [SEAL.]
C. D. [SEAL.]

1838.

Form of certi

ficate.

When said cered such deed

tificate is record

shall be as effec

her

woman.

And such certificate shall be offered for record to the clerk of
the circuit court of the District of Columbia, in that, county in
which such deed ought to be recorded. It shall be the duty of tual in law to
such clerk to record the same accordingly; and when the privy, as if she was
examination, acknowledgment, and declaration of a married an unmarried
woman, shall have been so taken and certified, and delivered to
the clerk to be recorded pursuant to the directions of this act,
such deed shall be as effectual in law to pass her right, title, and
interest, as if she had been, an unmarried woman: Provided Proviso:
however, That no covenant or warranty contained in such deed
hereafter executed shall in any manner operate upon any feme
covert, or her heirs, further than to convey effectually from such
feme covert and her heirs, her right of dower or other interest
in real estate which she may have at the date of such deed.
SEC. 5. And be it further enacted,. That all deeds heretofore
recorded within the District of Columbia, and in the county in
wherein any lands, tenements and hereditaments are situated,
which are conveyed in or by said deeds, on an acknowledgment
before any two justices of the peace for said District, shall be
good and effectual for the purpose or purposes therein mentioned,
and valid as to all subsequent purchasers, and all creditors, from
the passage of this act, Provided, said deeds were made in good Proviso.
faith, and without an interest to commit a fraud upon creditors
or bona fide subsequent purchasers.

Approved, April 20th, 1838.

All deeds here

tofore recorded

the D. C. upon

an acknowledgment before two

justices of the ace to be good,

&c.

CHAP. 58. An ACT for the benefit of the Levy Court of Calvert county, in the
State of Maryland.

[SEC. 1.] Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress as- Sec. Treas. to
sembled, That the Secretary of the Treasury is hereby autho- pay $3000 in sa-
rized and required to pay, to any one duly authorized by the destruction of the
levy court of Calvert county, in the State of Maryland, out of court-house of

6

tisfaction for the

Calvert co. Md. by the British.

1838.

any money in the Treasury not otherwise appropriated, the sum
of three thousand dollars, in full satisfaction for the destruction
of the court-house of said county by the enemy during the late
war with Great Britain, while the same was in the military oc-
cupancy of the United States, and in consequence thereof de-
stroyed by fire.
Approved, April 20th, 1838.

priated for the

CHAP. 59. An ACT making an appropriation for the removal of the great raft of
Red River.

[SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress as$70,000 appro- sembled, That the sum of seventy thousand dollars be approremoval of the priated, out of any money in the Treasury not otherwise appropriated, for the complete removal of the great raft in Red River, in the States of Louisiana and Arkansas.

Red River raft in
La. and Ark.

Approved, April 20th, 1838.

Counting officer

emoluments as

CHAP. 60. An ACT for the relief of John Wilson.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThe proper ac- sembled, That the proper accounting officer pay, out of any to pay J. Wilson unappropriated money in the Treasury, to John Wilson, such such pay and pay and emoluments as he is entitled to for twenty-eight days he is entitled to services as inspector general of division in the Missouri militia, vices as an Insp'r then in the service of the United States, which service was perMissouri militia. formed by said Wilson between the twenty-second of July and the twenty-second of October, one thousand eight hundred and thirty-two. Approved, April 20th, 1838.

for 28 days' ser

Gen'l. in the

CHAP. 61. An ACT for the relief of H. W. Russel.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay to H. W. pay H. W. Russel Russel, late acting assistant quartermaster at Tallassee, out of rage purchased any money not otherwise appropriated, one thousand four

81496.58 for fo

and issued by him in 1813.

hundred and ninety-six dollars and fifty-eight cents, for forage purchased by him at Tallassee, and issued for the benefit of the military service, between the fourth of May and the thirtieth of June, one thousand eight hundred and thirty-six.

Approved, April 20th, 1838

CHAP. 62. An ACT for the relief of James L. Kenner.

1838.

Sec. Treas. to Pora horse turned pay J. L. Kenner over to the Qr.

Mr. at Tampa

[SEC. 1.] Be it enacted by the Senate and House of Represenatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay, out of any money not otherwise appropriated, to James L Kenner, late a private in Captain Hargrave's company of South Carolina mounted volunteers, in the service of the United States, in Bay by order Brig. Genl. Florida, the value of a horse, of which he was owner, and had Eustis. in said service; but which horse, by the order of Brigadier General Eustis, was turned over to the quartermaster at Tampa Bay, in April, eighteen hundred and thirty-six; which value shall be ascertained when said Kenner shall produce to the accounting officers of the Treasury the original appraisal, or the affidavits of the appraisers as to the value they adjudged said horse to be. Approved, April 20th, 1838.

CHAP. 63. An ACT for the relief of Freeman Brady.

[SEC. 1.] 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 pay to Freeman Sec. Treas. to Brady, out of any money not otherwise appropriated, eighty-pay F. Brady 882. two dollars and seventeen cents, money due for work done on on the Cumberthe Cumberland road east of the Ohio.

Approved, April 20th, 1838.

land road.

done

CHAP. 64. An ACT for the relief of James Callan.

pay J. Callan for

[SEC. 1.] 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 pay to James Sec. Treas. to Callan out of any money not otherwise appropriated, for his his services as services as draughtsman in the General Land Office for the draughtsman in month of May, eighteen hundred and thirty-four, such com- Office. pensation as he received for the same services in the month of June following. Approved, April 20th, 1838.

the Genl. Land

CHAP. 65. An ACT for the relief of Ann W. Johnston.

a

[SEC. 1.] 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 pay to Ann W. Johnston out of any money in the Treasury not otherwise appropriated, one hundred and fifty dollars, the value of horse killed in an engagement with the enemy, during the late war, at St. David's, in Upper Canada, the property of her late husband a lieutenant in a company of light dragoons in the service of the United States. Approved, April 20th, 1838.

1838.

Postmaster

Genl. to issue his

Haley, for appre

rendering for

CHAP. 66. An ACT for the relief of D. W. Haley.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Postmaster General of the United States warrant for $400 issue his warrant for four hundred dollars in favour of D. W. in favour of D. W. Haley, for apprehending, and surrendering for trial, two slaves hending and sur- charged with having robbed the United States mail, in eighteen trial, two slaves hundred twenty-seven; one of whom was convicted before the robbing the mail district court of the United States in Mississippi, and sentenced to hard labour, and the other broke jail before trial, and Treasurer U.S. escaped; and the Treasurer of the United States is directed, on the presentation of said warrant, to pay said sum of four hundred dollars, out of the moneys paid into the Treasury for the service of the Post Office Department.

charged with

in 1827.

to pay the same, &o.

P. M. Genl. to ascertain the rea

of Haley and is

for said,sum.

SEC. 2. And be it further enacted, That the Postmaster sonable expenses General ascertain the reasonable expenses the said D. W. Haley sue his warrant paid in apprehending and delivering said slaves to jail for trial, and that he issue his warrant for said sum, in favour of D. W. Treasurer U. S. Haley; and the Treasurer of the United States is directed, on the presentation of a warrant, to pay the sum so found, out of the moneys paid into the Treasury for the service of the Post Office Department. Approved, April 20th, 1838.

to pay the same, &c.

pay H. McDo nald 8100 for a horse taken from him to go express

CHAP. 67. An ACT for the relief of Hugh McDonald.

[SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asSec. Treas. to sembled, That the Secretary of the Treasury pay Hugh McDonald, out of any money in the Treasury not otherwise appropriated, one hundred dollars, for a horse taken from him by on public busi- Lieutenant Pennell, of the United States navy, to go express from Baltimore to St. Leonard's creek, on public business relative to the flotilla under the command of Commodore Barney; which horse, from ill usage and starvation, died.

ness.

Approved, April 20th, 1838.

officers of the

Navy Dept. to

CHAP. 68. An ACT for the relief of Melancthon T. Woolsey.

[SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as

The accounting Sembled, That the accounting officers of the Navy Department settle the accounts of Melancthon T. Woolsey, on the principle of justice and equity, subject to the supervision of the Secretary of the Navy. Approved, April 20th, 1838,

settle the ac

counts of M. T. Woolsey.

CHAP 69. An ACT for the relief of Thomas Tyner and others. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as