ceeding two for use and sembled, That the Secretary of the Treasury be, and he is here- 1838. by, authorized to set apart and reserve from sale, out of any Sec. Treas. to of the public lands within the Territory of Wisconsin, to which set apart not exthe Indian title has been, or may be, extinguished, and not townships of land otherwise appropriated, a quantity of land not exceeding two support of a unientire townships, for the use and support of a university within the said Territory, and for no other use or purpose whatsoever; to be located in tracts of land of not less than an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed. Approved, June 12th, 1838. versity. CHAP. 111. An ACT for the relief of the heirs of Major Peter Helphenstine, deceased. the heirs of gregate amount [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 be, and he is Sec. Tread to hereby, authorized and required to pay to the heirs of Peter F. Helphenstine, Helphenstine, deceased, who was a major in the Virginia deceased, the ag continental line of the army of the Revolution, and died in the of seven years' service of the United States, the aggregate amount of seven jor of infantry. years' half pay of a major of infantry, to be paid out of any money in the Treasury not otherwise appropriated. Approved, June 12th, 1838. half pay of a ma, CHAP. 112. An ACT for the relief of the legal representatives of Daniel Duval, deceased. counting officers representatives [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, the proper accounting officers of the Treasury The proper ac be, and they are hereby, required to pay to the legal representa- of the Treasury tives of Daniel Duval, deceased, who was a captain in the to pay the legal Virginia line, on the continental establishment, during the of D. Duval, deRevolutionary war, the aggregate amount of five years' full gate amount of pay of the said decedent, as a captain of sappers and miners five years' full in said service without interest: which five years' full pay is of sappers and the commutation for the half pay for life of said decedent, and is to be paid out of any money in the Treasury not otherwise appropriated. Approved, June 13th, 1838. ceased, the aggre pay as a captain miners. CHAP. 113. An ACT for the relief of the legal representatives of Patrick McGibboney. SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury counting officers 1838. shall adjust and settle the account of Patrick McGibbony, The proper ac- deceased, late of the State of North Carolina, allowing him of the Treasury five years' full pay as a lieutenant in the continental service during the revolutionary war; and pay the amount thereof to McGibbony, de- his legal representatives, out of any money in the Treasury not otherwise, appropriated, in full satisfaction of his half pay for life. Approved, June 13th, 1838. to settle the ac- ceased, allowing him five years full pay as a lieu- granted to Wis opening a canal chigan with those &c. CHAP. 114. An ACT to grant a quantity of land to the Territory of Winconsin, for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock river. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asCertain lands sembled, That there be, and hereby is, granted to the Territory consin to aid in of Wisconsin, for the purpose of aiding in opening a canal to to unite the wa- unite the waters of Lake Michigan, at Milwaukee, with those ters of Lake Mi- of Rock river, between the point of intersection with said river, of the line dividing townships seven and eight and the Lake Koshkonong, all the land heretofore not otherwise appropriated or disposed of in those sections and fractional sections which are numbered with odd numbers on the plats of the public surveys, within the breadth of five full sections, taken in north and south, or east and west tiers, on each side of the main route of said canal, from one end thereof to the other, and reserving the even numbered sections and fractional secThe lands so tions, taken as above, to the United States; and the said land,granted shall be subject to the SO granted to aid in the construction of said canal, shall be disposal of the subject to the disposal of the Legislature of the said Territory, for the purpose aforesaid, and no other: Provided, That the said canal, when completed, and the branches thereof, shall be, and for ever remain, a public highway, for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same: Provided, That said main canal shall be commenced within three years, and completed in ten years, or the United States shall be entitled to receive the amount for which any of said land land may have been previously sold, and that the title to purchasers under the Territory shall be valid. Legislature. Proviso. Proviso. canal is located, transmit a plat showing its ter the Comp. of the So soon as the SEC. 2. And be it further enacted, That so soon as the route route of the main of the said main canal shall be definitively located and estathe Govr. shall blished, agreeably to an act of the Legislature of the said Territory, incorporating the Milwaukee and Rock river Canal minations, &c. to Company, approved January fifth, 1838, it shall be the duty of Genl. Land Off the Governor thereof, to transmit a plat of the same, showing who shall ascer-its terminations and its connections with the section-corners of direction of the the public surveys, to the Commissioner of the General Land Office, whose duty it shall be to ascertain, under the direction of the President of the United States, the particular lands herein them to be pre- granted to said Territory; and shall cause duplicate lists of the tain, under the President, the lands herein cause lists of transmit to the other person as same to be prepared from the plats on file in his office, one of 1838. which he shall transmit to the Governor of said Territory, pared, one of who, or such other person or persons as shall be appointed for which he shall the purpose, under the authority of the Legislature of the said Govr. or such Territory, or of the State which may be erected out of the may be appoint. same, after the admission of such State, shall have power to sell or convey the whole, or any part of said land, at a price not less than two dollars and fifty cents per acre, and to give a title in fee simple therefor, to whomsoever shall purchase the whole or any part thereof. ed by the Legis lature to sell said lands, &c. and the fractional ing to the U. S. SEC. 3. And be it further enacted, That the alternate sections The alternate, and fractional sections which shall remain to the United States, sections remainagreeably to the first section of this act, shall not be sold for a less sum than two dollars and fifty cents per acre, nor be subject to pre-emption. shall not be sold for less than $2.50 per acre, &c. ed by the route of being on that side the larger por.. State, granted as may sold shall vest in shares the State SEC. 4. And be it further enacted, That in reference to the provions of the first section of this act, where a section shall be divided by the route of the main canal, such section shall Sections dividbe counted (in fixing the lateral limits of said grant) as being the main canal on or towards that side of the line next the larger portion of to be counted as said section, ascertained by reference to the mile-lines and cor- of the line next ners of the sections, and the land and water thereby included. tion." SEC. 5. And be it further enacted, That whenever the Ter-Whenever the ritory of Wisconsin shall be admitted into the Union as a State, consin shall beTerry, of Wisthe lands hereby granted for the construction of the said canal, com part of the or such part thereof as may not have been already sold, and lands hereby applied to that object, under the direction of the Territorial not have been Government, shall vest in the State of Wisconsin, to be disposed the State, &c. of under such regulations as the Legislature thereof may provide, the proceeds of sale to be applied to the construction of the said canal, or of such part thereof as may not have been completed; and the State of Wisconsin shall be entitled to hold, in virtue of the grant hereby made, as many shares of Number of the stock of the said canal as shall be equivalent to the aggre- of Wisconsin gate of all the sums of money arising from the nett proceeds may hold in said of the sales of the said lands, and applied to the construction of the canal, any thing in the charter of the Milwaukee and Rock river Canal Company to the contrary notwithstanding, and shall be entitled to the same dividends on said stock as any other stockholder; and in the event that the said State In event of the shall make no other adequate provision for purchasing out the State making no residue of the stock of the said canal, the dividends of the provision for purState stock hereby acquired, and all other proceeds of the sales due of the stock, of the lands hereby granted, shall constitute a fund, and be the State stock, applied to the extinguishment of the claims of all other stock- &c. shall constiholders, until the entire stock vested in the canal shall have the extinguishbeen acquired by the State: after which, and after the said claims of the State shall have been reimbursed for all expenses incurred out ers: after which, of her own proper funds in the construction and repairs of State shall have said canal, no other tolls or charge whatever, for the use or for expenses innavigation of the said canal shall be levied, except to such curred out of her amount as may be required to keep the said canal and the canal, &c. other adequate chasing the resi the dividends of tute a fund for ment of the other stockhold and after the been reimbursed own proper funds, no other tolls, shall be levied, than, &c. 1838. Proviso. U. S. for all mo neys recd. on the works appurtenant thereto in good repair, and provide for the collection of the tolls and the superintendance of said canal: Provided, moreover, That no part of the said lands shall be sold for less than two dollars and a half per acre, nor any sale made until after three months' public notice thereof, and to the highest bidder; but in case such price cannot be obtained therefor, within five years from the first sale attempted to be made, it shall and may be lawful for the Territorial or State Legislature of Wisconsin to reduce the minimum price of the said lands. SEC. 6. And be it further enacted, That the said State of Wisconsin re- Wisconsin shall be held responsible to the United States, and sponsible to the for the payment into the Treasury thereof, of the amount of all sale of said land, moneys received upon the sale of the whole or any part of said if the main canal land, at the price at which the same shall be sold, not less than ed in three years, two dollars and fifty cents per acre, if the said main canal shall 'not be commenced within three years, and completed within ten years, pursuant to the provisions of the act creating said canal corporation. be not commenc and completed in ten. State SEC. 7. And be it further enacted, That, in order to render Legislature of effectual the provisions of this act, the Legislature of the State erected out of the to be erected or admitted out of the territory now comprised in Terry, of Wis. Wisconsin Territory, east of the Mississippi, shall give their their assent to assent to the same by act to be duly passed. consin shall give this act. a better price for Wisconsin may pledge of said as they may SEC. 8. And be it further enacted, That, for the purpose For securing of securing a better price for the lands hereby granted, and the lands, &c. the expediting the construction of the said canal, the Territorial Legislature of Legislature of Wisconsin may borrow, upon a pledge of the borrow upon a said lands, such sum or sums of money as they may think exlands, such sum pedient, and defer the sale of said lands, or any part thereof, think expedient. until such time or times, not exceeding two years beyond the period of completion of said canal, as they may deem expedient; and for such sum or sums as may be so borrowed, and applied to the construction of said canal, the State of Wisconsin shall be entitled to such interest in the stock of said canal as shall be equivalent thereto in amount, and the interest so acquired shall be subject to all the obligations and restrictions provided in the last section of this act. Assent of Congress hereby of Wisconsin, in Milwaukee and SEC. 9. And be it further enacted, That the assent of Congiven to the act gress is hereby given to the act of the Territorial Legislature of the Legislature of Wisconsin entitled an act to incorporate the Milwaukee and corporating the Rock river Canal Company, subject to the preceding modificaRock river Ca- tions and to the following provision: that in estimating the principal sum and interest to be paid by the said Territory or preceding modi- the future State of Wisconsin to the stockholders of the said following provi- canal, a credit shall be given to the Territory or State for all dividends received by the said stockholders prior to the extinguishment of their interest in the said canal, in the mode provided by the twenty-third section of the said act of incorporation. nal Company, subject to the fications, and the sion. at SEC. 10. And be it further enacted, That Congress may, any time until said Territory shall be admitted as a State, pre scribe and regulate the tolls to be received by said company; and after said Territory shall be admitted as a State, the Legislature thereof shall possess the like power; and said act of incorporation is hereby approved, subject to the modification and conditions aforesaid. 1838. Congress may, is admitted as a State, regulate until Wisconsin the tolls; and afterwards the State Legislature power. the lands proba SEC. 11. And be it further enacted, That the Secretary of shall possess that the Treasury shall reserve from sale the lands probably falling Sec. Treas. to within the limits of said grant, and the lands which, by the first reserve from sale section, were reserved to the United States, until the said canal bly falling withcan be located and the lands selected as contemplated by this act, and no pre-emption right shall attach thereto. Approved, June 18th, 1838. CHAP. 115. An ACT to reorganize the district courts of the United States in the in the limits of said grant, until the canal can be located, &c. Mississippi didistricts. vided into two Counties com posing the north court for which [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Mississippi shall be, and the same is hereby, divided into two districts, in the following manner, to wit: The counties of Noxubee, Winston, Attala, Carrol, Bolivar, Coahoma, Tunica, De Soto, Marshal, Tippah, Tishemingo, ern district, the Itawamba, Monroe, Lowndes, Oaktibbeha, Choctaw, Yalobusha, call be held at Tallehatcha, Ponola, Layfayette, Pontotoc, and Chickasaw, in said State, shall compose one district, to be called the northern district, and a court shall be held for the said district, at the town of Pontotoc, and the residue of the counties of the said The residue of State, shall hereafter compose the southern district of Mississippi, and a court shall be held for the same, as heretofore, at the city of Jackson. Pontotoc. the counties to compose the southern district, the court for which shall be held at Jackson. ern dist. ing in the dist. fendants resided dist. at the time SEC. 2. And be it further enacted, That there shall be two u. S. district terms of the district court, for the northern district, held at hold two terms a judge for Miss. to Pontotoc, in each year, to begin on the first Monday of June year in the northand December, and the district judge of the United States, for the State of Mississippi is hereby required to hold the courts aforesaid. SEC. 3. And be it further enacted, That all causes at law All cases pendor in chancery, and all indictments pending in the district court court at Jackson, at Jackson, in which the defendant or defendants resided in the in which the denorthern district (hereby established) at the time of serving in the northern process or the finding of a bill of indictment, shall be trans- of serving proferred for trial to the district court for the said northern district, ferred for trial to and be proceeded in, heard, adjudged, and determined, in the the court for the same manner as though originally commenced or prosecuted in the said court; and it shall be the duty of the clerk of the Clerk to transdistrict court at Jackson, safely to transmit to the clerk of the mit the original district court at Pontotoc, the original papers in all cases and cases transferred. prosecutions hereby ordered to be transferred, together with a transcript of all orders and other proceedings had thereon. SEC. 4. And be it further enacted, That all suits hereafter to All suits, not be brought in either of said courts not of a local nature, shall of a local nature, be brought in the court of the district where the defendant be brought to the cess, to be trans northern dist. papers in the shall hereafter court of the dist. |