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venient after the
1839. the said presiding officer may, in his discretion, prescribe side al said meel- whether the said election shall be by ballot or viva voce; and
shall in other respects cause the proceedings to be conducted in such manner as to ensure a fair and proper choice or election;
and after the said commissioners shall have been so chosen 0? Duljon of the elected, the said presiding officer shall immediately certify that presiding oficer. fact, setting forth the names of the commissioners who shall be
elected, and shall make two copies of said certificate, one of which he shall file in the office of the register of the land district at Green Bay, and the other he shall transmit by mail to the
President of the United States. As soon as con. Sec. 4. And be it further enacted, That after the said codelection, the commissioners shall have been elected or chosen as above prescribed,
ke and as soon thereafter as conveniently may be, they shall prothe division,- ceed to make partition and division of all the lands aforesaid
among the individual members of said tribe, or among such of them as, by the laws, customs, usages, or agreements of sad tribe are justly entitled to the same, and in such way and mainer, and upon such principles and in such proportions as shall be agreeable to equity and justice, and consistent with the laws, usages, customs,and agreements of said tribe : Provided, hoidere, That the buildings and improvements, and the farms on which the same are situated, which are now held or possessed in severalty by the members of said tribe, shall, so far as the same can consistently be done, be allotted or apportioned to the present occupants; and that no person or individual of said tribe shall be dispossessed or deprived of the improvements or land which they now occupy, unless it shall be found by the said commissioners that such person or persons are in the possession of and occupying more land than they are justly entitled to, and
then the overplus may be apportioned to others. Commissioners Sec. 5. And be it further enacted, That after the said com after having ,
thedivising missioners shall have made such partition and division as aforeto report their said, they shall make, or cause to be made, a full report of their proceedings, &c
proceedings in the premises, setting forth the name of each peison to whom they have apportioned any part of said land, the quantity apportioned or allotted to each, with the metes and
bounds, or other definite description of each several piece of A map to ac- parcel of land; and they shall accompany the said report with company the re- a fair and accurate map of the whole, showing the divisions Report and map and partitions aforesaid; which report and map, or a copy there
ed of, shall be deposited with the town clerk of said tribe, on or clerk, and to be before the first day of October next, and shall remain open for open to inspeclion inspection to all, for the space of twenty days thereafter; and it be had ir objec. any member or members of said tribe shall object to the partition is made by tion or division so made by the said commissioners, or shall deem
himself or themselves aggrieved thereby, he or they may, within ten days thereafter, give notice thereof to the said commissioners, who shall, within twenty days thereafter, nieet to hear and determine such grievances, and take testimony if necessary; and after such hearing, shall have power to alter or modify sixh partition, if, in their judgment, any alteration or modification is
to be deposited
after the report and map are fi.
of the county in
he is necessary, in order to do equal and exact justice to all parties 1839.
in interest. C. SEC. 6. And be it further enacted, That, after the said re- Commissioners
port shall be finally completed, the commissioners shall cause of af
office of the secretary of said Territory, one copy in the office which the lands ut of the clerk of the county within which said lands are situated, are situated, and me and the other shall be transmitted to the President of the United the President, brak States, who shall thereupon cause patents to be issued to the tenis shall beis
several individuals named in said report, for the lands so ap3 portioned to them respectively, by which the said persons shall 13! be authorized to hold the said lands in fee simple to themselves
and their heirs and assigns. E A Sec. 7. And be it further enacted, That the said report and Report and ''- map shall be filed with the secretary of said Territory, and in posited and trans
map to be so de- the clerk's office of said county, and shall also be transmitted to mainted before ist of the President on or before the first day of January next; and which said In.
after the same shall have been filed and transmitted to the Pre- lizens of U.S. and sident, as aforesaid, the said Brothertown Indians, and each and laws of U. S. and
Wisconsin; and fat every of them, shall then be deemed to be, and from that time in the forth are hereby declared to be, citizens of the United States to of.U.S. shall be Y* all intents and purposes, and shall be entitled to all the rights, said township; "privileges, and immunities of such citizens, and shall, in all righis, &c. as a respects, be subject to the laws of the United States and of the shall Territory of Wisconsin, in the same manner as other citizens of
said Territory; and the jurisdiction of the United States and of a said Territory shall be extended over the said township or
* reservation now held by them in the same manner as over other - parts of said Territory; and their rights as a tribe or nation, and
their power of making or executing their own laws, usages, or to customs, as such tribe, shall cease and determine: Provided, Proviso.
however, That nothing in this act shall be so construed as to deprive them of the right to any annuity now due to them from the State of New York or the United States, but they shall be entitled to receive any such annuity in the same manner as though this act had not been passed.
Approved, March 3d, 1839.
tribe or nation
CHAP. 84. An ACT making an appropriation for the protection of the Northern
and Northwestern frontier of the United States. Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five hundred thousand dollars, in $500,000, in ad
dition to a former addition to a former appropriation, shall be, and the same is appropriation, hereby, appropriated, out of any unappropriated money in the appropriatelor Treasury to defray any expenses which have been or may be red in protecting
the northern and incurred in protecting the Northern and Northwestern frontier north western
frontier. of the United States, by the employment of steamboats, the
1839. transportation of troops and supplies, or any other extraordi
nary expenses attending the operations of the army in the defence of that frontier, and by calling out, under the direction of the President of the United States, any part of the militia or
volunteers, according to the provisions of the constitution and How to be ex. laws; and such part of said sum as may be required for the pended.
latter purpose, shall be expended under the direction of the Secretary of War, conformably to the provisions of the act of Congress of January the second, seventeen hundred and ninetyfive ; of the act of April the fifth, eighteen hundred and thirtytwo, making appropriations for the support of the army; and of the act of March the nineteen, eighteen hundred and thirtysix, providing for the payment of volunteer and militia corps in the service of the United States.
Approved, March 3d, 1839.
CHAP. 85. An ACT to amend an act entitled “An act regulating the pay and
emoluments of brevet officers, passed April 16th, 1818. [Sec. 1.] Be it enacted by the Senate and House of Repre
sentatives of the United States of America in Congress aiTo be so con- sembled, That from and after the passing of this act, the act clude the case or entitled “An act regulating the pay and emoluments of brevet the Adji. Genl. officers” approved April sixteenth, eighteen hundred and
eighteen, be, and the same shall be, so construed, as to include the case of the Adjutant General of the United States.
Approved, March 3d, 1839.
structing a road
CHAP. 86. An ACT to authorize the construction of a road from Dubuque, in te
Territory of Iowa, to the northern boundary of the State of Missouri, and for the purposes.
[Sec. 1.) Be it enacted by the Senate and House of Repre
sentatives of the United States of America in Congress as$20,000 appro- sembled, That the sum of twenty thousand dollars be, and the priated for opening and con- same is hereby, appropriated, out of any money in the Treasury from Dubuque io not otherwise appropriated, to the opening and construction of a certamban a road in the Territory of Iowa, from Dubuque, on the river boundary of Mis Mississippi, to such point in the northern boundary of the State souri.
of Missouri as may be best suited for its future extension by that State to the cities of Jefferson and St. Louis, within the same; that the Secretary of War be empowered and directed to cause such road to be constructed by contract or otherwix: Provided, That the said road shall be opened throughout, and so far completed as to be capable of use, without exceeding in cost the sum hereby appropriated; and in laying down the route thereof respect be paid, so far as the same may be pralticable, without greatly increasing the length thereof, to the accommodation of the seats of justice of the several counties in Iowa through which it may pass, and to the best sites for
bridges or ferries over the several rivers which the said road 1839. must cross.
Sec. 2. And be it further enacted, That the Secretary of Sec. War 10 War be, and he is hereby, empowered to cause a survey of Red Red Cedar Viver Cedar river, within the said Territory, and an estimate to be within the terri made, with a view to the improvement of the navigation there, an estimale to be of above the town of Moscow, and the connexion of the said" navigation with the river Mississippi by a canal, extending from the vicinity of said town to some suitable point in or near the town of Bloomington; and to defray the expense of said survey $1500 appropri. and estimate, the sum of fifteen hundred dollars be, and the ated. same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated.
Sec. 3. And be it further enacted, That the following sums are hereby appropriated to several objects respectively, which are hereinafter described :
For the opening and construction of a road from Burlington For opening and through the counties of Des Moines, Henry and Van Buren, road from Bur? towards the seat of Indian agency on the river Des Moines, fivela thousand dollars;
For the improvement of the road from Burlington, in the For improving Territory of Iowa, to De Hagues, in Illinois, the sum of twenty- Burlington in You five hundred dollars, in aid of a like sum contributed towards mais the same object by the town of Burlington.
Approved, March 3d, 1839.
lington through certain counties, 85000.
wa, to De Hagues in Ill. 82300.
cause a fire-proof
the use and ac
the General Post
CHAP. 87. An ACT providing for the erection of a fire-proof building for the use
of the General Post Office Department. Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he Presidente hereby is, authorized to cause to be erected a fire-proof building, buildi
building to be of such dimensions and upon such plan of arrangement as may erected on the
site of the burned be required for the use and accommodation of the General Post Post Office, for Office Department, on the site of the Post Office building recently commodation of destroyed by fire; and, for this purpose, that he be authorized 0 to appoint a skilful architect to prepare and submit to him the Authorized to
employ a skilful necessary plans for the proper construction of such building, architece. which being approved by him shall be conformed to in the ereccion of the structure; and the said architect may be continued
n the superintendence of the construction of the building, or another employed in that service, as the President may deem best. Provided, that not more than one architect shall be kept in the Proviso. employment of the Government at Washington.
Sec. 2. And be it further enacted, That the principal mate. The material jal of which the exterior walls of such building shall be con-be such as the tructed shall be such as the President of the United States shall direct how 10
ales small be laid, &c irect, and shall be jointed, and laid in regular courses, in the post approved mode of such construction.
$150,000 ap priated.
1839. Sec. 3. And be it further enacted, That, for the erection of adora the building authorized by the first section of this act, there be,
and hereby is, appropriated, the sum of one hundred and fifty thousand dollars, out of any money in the Treasury not otherwise appropriated by law. Approved, March 3d, 1839.
Temporary clerks may be employed.
of patents to be
deposited in C gress library.
CHAP. 88. An ACT in addition to “An act to promote the progress of the useful arti
(Sec. 1.) Be it enacted, by the Senate and House of Repre
sentatives of the United States of America in Congress asTwo assistant sembled, That there shall be appointed, in manner provided in examiners to be the second section of the act to which this is additional, two as-- Choir salaries. sistant examiners, each to receive an annual salary of twelve
hundred and fifty dollars.
Sec. 2. And be it further enacted, That the Commissioner be be authorized to employ temporary clerks to do any necessary transcribing whenever the current business of the office requires it: Provided, however, That instead of salary, a compensation shall be allowed, at a rate not greater than is charged for copies not
furnished by the office. Classified and Sec. 3. And be it further enacted, That the Commissioner is
ical list hereby authorized to publish a classified and alphabetical list of published. all patents granted by the Patent Office previous to said publica.
100 copies to be tion, and retain one hundred copies for the Patent Office and nine Office, and 900 hundred copies be deposited in the library of Congress, for such
Con- distribution as may be hereafter directed ; and that one thousand - 81000 appro- dollars, if necessary, be appropriated, out of the patent fund, to prialed.
defray the expense of the same. · 83,659 22 ap. Sec. 4. And be it further enacted, That the sum of three propriated to pay thousand six hundred and fifty-nine dollars, and twenty-two in City Hall. cents be, and is hereby, appropriated from the patent fund, to
pay for the use and occupation of rooms in the City Hall by the
Patent Office. $1000 appro. Sec. 5. And be it further enacted, That the sum of one thouor the sand dollars be appropriated from the patent fund, to be expended
under the direction of the Commissioner, for the purchase of
necessary books for the library of the Patent Office. No person to be Sec. 6. And be it further enacted, That no person shall be
ed from en debarred from receiving a patent for any invention or discorers, for any invention as provided in the act approved on the fourth day of July, one or discovery, by ". reason of the thousand eight hundred and thirty-six, to which this is additional, been patented in by reason of the same having been patented in a foreign counmore than six try more than six months prior to his application : Provided. months prior to That the same shall not have been introduced into public and
common use, in the United States, prior to the application for such patent: And provided, also, That in all cases every such patent shall be limited to the term of fourteen years from the
date or publication of such foreign letters patent. Persons or cor. Sec. 7. And be it further enacted, That every person or ento poration basi poration who has, or shall have, purchased or constructed any
for use of rooins
priated for the
ceiving a patent
a foreign country