SEC. 3. And be it further enacted, That the Secretary of the Treasury, under the direction of the President of the United States, be, and he is hereby, authorized and required, as soon as may be, to adopt such measures as may be necessary, to give full effect to the reports of the commissioners which are enumerated in the first and second sections of this act: Provided, That this act shall not be so construed as to prejudice the rights of third persons, or to impose any obligation, on the part of the United States, to make payment, or give other lands, to any claimant who may be deprived of his possessions by operation of law; nor shall the confirmations made by this act be so construed as to extend further than to a relinquishment, by the United States, of all interest in, and to, said lands, nor to any lands occupied by the United States for military purposes. SEC. 4. And be it further enacted, That it shall be the duty of the register of the land office at Detroit, to issue patent certificates, in the forms usual in similar cases, to claimants whose claims are confirmed by this act, upon which certificates, if legally and properly obtained, patents shall be granted by the commissioner of the general land office. SEC. 5. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized and required to pay to John J. Deming, of Detroit, the sum of thirty dollars, which shall be in full for his services in preparing and publishing maps for the use of the commissioners aforesaid. SEC. 6. And be it further enacted, That, for surveying the donation rights or back concessions in said territory, heretofore made under the above-mentioned acts of Congress, and not paid for, and also for such surveys as may be necessary to carry into effect the provisions of this act, there shall be paid, out of any money in the treasury not otherwise appropriated, the same compensation per mile as is allowed by the tenth section of the act of the eighth of February, one thousand eight hundred and twenty-seven, entitled "An act to provide for the confirmation and settlement of private land claims in East Florida, and for other purposes," any thing in any act to the contrary notwithstanding. APPROVED, April 17, 1828. An additional CHAP. XXIX.-An Act providing for the appointment of an additional judge of April 17, 1828. the superior court for the territory of Arkansas, and for other purposes. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be lawful for the President of the United States of America, by and with the advice and consent of the Senate, to appoint and commission an additional judge of the superior court for the territory of Arkansas, who shall reside in said territory, and hold his commission for the term of four years. SEC. 2. And be it further enacted, That, when said judge shall have been commissioned, the legislature of the territory of Arkansas shall be authorized to organize the counties of said territory into four judicial districts, and to assign to each of the four judges of the superior court of the territory of Arkansas one of said circuits or districts, and to require (a) Acts relating to the courts in Arkansas: judge of the superior court to be appointed for the territory of Arkansas. Legislature of Arkansas authorized to organize the counties of said territory into An act to extend the jurisdiction of the district court of the United States, in the district of Arkansas, March 1, 1837, ch. 16. An act supplementary to the act entitled " An act to amend the judicial system of the United States, March 3, 1837, ch. 34, sec: 2. An act to amend the act of the third of March, 1837, entitled "An act supplementary to the act entitled An act to amend the judicial system of the United States,"" and for other purposes, March 3, 1839, ch. 81. An act supplementary to the act entitled "An act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers," passed thirtieth June, one thousand eight hundred and thirty-four, June 17, 1844, ch. 103. four judicial districts, &c. Additional duties. A clerk in each county of districts. said judges to hold circuit or district courts in each county of their respective districts, at such place and time as the legislature aforesaid may appoint and designate. SEC. 3. And be it further enacted, That, in addition to holding district or circuit courts, as aforesaid, the judges aforesaid shall hold two terms annually, of the superior court, at the seat of government in said territory; and the legislature aforesaid shall be authorized, in all cases, except when the United States is a party, to fix the respective jurisdictions of the district and superior court. The United States' cases shall be tried in the superior court, in the manner that said cases are now tried. SEC. 4. And be it further enacted, That the judges aforesaid shall be authorized to nominate and appoint, and the governor to commission, a their respective clerk in each county of their respective districts, in such manner, with such powers, and for such term of time, as the legislature aforesaid may designate; but in no county shall the clerk of the superior court be арCompensation pointed the clerk of the circuit court; and the compensation of said clerks, except in United States' cases, shall be fixed by the legislature aforesaid. of said clerks. Appeal. Salary as the other judges. Writs of error, &c., to be made to the Supreme Court of the United States. Act of the legislature, in relation to the courts of said territory, confirmed. Acts coming within the purview of this act repealed. SEC. 5. And be it further enacted, That, when any party to a suit is aggrieved by a decision of a judge holding a district court, except in criminal cases, the party aggrieved shall be at liberty, by appeal, writ of error, or certiorari, to remove said suit to the superior court of said territory, for further trial; and the case thus brought up shall be tried by the judges, or any two of them other than the judge who made the decision in the district court. SEC. 6. And be it further enacted, That the additional judge hereby authorized to be appointed shall receive the same salary now allowed by law to the judges of the superior court for the territory of Arkansas. SEC. 7. And be it further enacted, That writs of error and appeal from the final decision of the superior court for the territory of Arkansas, shall be made to the Supreme Court of the United States, in the manner, and under the same regulations, as from the circuit courts of the United States, when the amount in controversy, to be ascertained by oath or affirmation of either party, shall exceed one thousand dollars. SEC. 8. And be it further enacted, That the act of the legislature of the territory of Arkansas, passed at the last session of the legislature of said territory, in relation to the courts of said territory, so far as the provisions of said act are not inconsistent with and repugnant to this act, be, and the same is hereby, affirmed until said legislature may alter or modify the same. SEC. 9. And be it further enacted, That all acts coming within the purview of this act be, and the same are hereby, repealed; and that this act shall take effect, and be in force, from and after its passage. APPROVED, April 17, 1828. STATUTE I. April 17, 1828. An agent or agents, to be employed in prosecuting the designation, &c., of the line forming the north-castern CHAP. XXX.—An Act authorizing the President of the United States to appoint certain agents therein mentioned.(a) 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 is hereby, authorized, by and with the advice and consent of the Senate, to appoint such agent or agents as may be usefully employed in prosecuting the designation and settlement of the line forming the north-eastern boundary of the United States and bring (a) An act to provide for carrying into effect the treaty between the United States and Great Britain, concluded at Washington on the ninth day of August, one thousand eight hundred and forty-two, March 3, 1843, ch. 89. ing the existing controversy with Great Britain relating thereto to a boundary of the speedy termination. APPROVED, April 17, 1828. United States, &c. CHAP. XXXI.-An Act explanatory of "An act to grant a certain quantity of land to the state of Ohio for the purpose of making a road from Columbus to Sandusky." Be it enacted by the Senate and House of Representatives of the United States of America, in Congress, assembled, That, in lieu of the lands appropriated by the act approved on the third of March, one thousand eight hundred and twenty-seven, there shall be granted to the state of Ohio, for the purposes designated in the said act, forty-nine sections of land, to be located in the Delaware land district, in the following manner, to wit: every alternate section, through which the road may run, and the section next adjoining thereto, on the west, so far as the said sections remain unsold, and, if any part of the said sections shall have been disposed of, then a quantity equal thereto, shall be selected under the direction of the commissioner of the general land office, from the vacant lands in the sections adjoining on the west of those appropriated. APPROVED, April 17, 1828. CHAP. XXXIX.—An Act to extend the time allowed for the redemption of land April 28, 1828. sold for direct taxes in certain cases.(a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the time allowed for the redemption of lands which have been, or may be, sold for the non-payment of taxes under the several acts passed on the second of August, one thousand eight hundred and thirteen; the ninth day of January, one thousand eight hundred and fifteen; and the fifth day of March, one thousand eight hundred and sixteen, for laying and collecting a direct tax within the United States, so far as the same have been purchased for, or on behalf of, the United States, be revived, and be extended for the further term of three years, from and after the expiration of the present session of Congress: Provided, also, That on such redemption, interest shall be paid at the rate of twenty per centum on the taxes aforesaid, and on the additions of twenty per centum, chargeable thereon; and the right of redemption shall enure, as well as to the heirs and assignees of the land so purchased, on behalf of the United States, as to the originals thereof. APPROVED, April 28, 1828. (a) Acts extending the time for the sales of land for direct taxes: [Expired.] Time allowed for the redemp tion of lands which have been sold for the non-pay. ment of taxes, under acts of Aug. 2, 1813, ch. 37, Jan. 9, 1815, ch. 21, and March 5, 1816, ch. 24, revived and ex tended for three years. Proviso. An act supplementary to the several acts relating to direct taxes, April 20, 1818, ch. 83, sec. 3, 4. An act extending the time allowed for the redemption of land sold for direct taxes, in certain cases, May 11, 1820, ch. 88. An act reviving and extending the time allowed for the redemption of land sold for direct taxes, in certain cases, Feb. 4, 1822, ch. 4. An act extending the time allowed for the redemption of land sold for direct taxes, in certain cases, March 3, 1823, ch. 47. An act to extend the time allowed for the redemption of land sold for direct taxes, in certain cases, May 16, 1826, ch. 59. An act extending the time allowed for the redemption of land sold for direct taxes, in certain cases, April 28, 1828, ch. 39. STATUTE I. April 28, 1828. Lands lying east of the se cond principal meridian and north of the Bouthern boundary of fort Wayne district, attached to the land district. Second principal meridian to be extended to the northern boundary. Proviso. STATUTE I. April 28, 1828. Act of May 26, 1824, ch. 172. In all cases where lands have been sold, or conveyed to, or for, the United States, for forts, &c., not used, &c., to be sold. The Presi dent authorized to procure the assent of the legislature of any state within which any purchase of land has been made for the erection of forts, &c. Where lands have been conveyed for the United States, to individuals, a release of their interest to be obtained. STATUTE I. April 28, 1828. Act of March 3, 1823, ch. 28. Sessions of the legislative council, CHAP. XL.-An Act extending the limits of certain land offices in Indiana, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the lands in the state of Indiana, to which the Indian title is extinguished, which lies east of the line dividing the first and second ranges east of the second principal meridian, and north of the southern boundary of the Fort Wayne district, shall be attached to the land district, the land office of which is established at Fort Wayne; and that all the lands to which the Indian title is extinguished in said state, and which may lie west of the line dividing the first and second ranges east of the second principal meridian, shall be attached to the land district, the land office of which is established at Crawfordsville. SEC. 2. And be it further enacted, That the surveyor general shall cause the second principal meridian to be extended to the northern boundary of the state of Indiana: Provided, The assent of the Indians be obtained to the running and marking that portion of the meridian line which may lie within the lands not ceded to the United States. APPROVED, April 28, 1828. CHAP. XLI.-An Act in addition to the act, entitled "An act to provide for the SEC. 2. And be it further enacted, That the President of the United States be authorized to procure the assent of the legislature of any state, within which any purchase of land has been made, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings, without such consent having been obtained; and also to obtain exclusive legislation over any such tract as is provided for in the sixteenth clause of the eighth section of the first article of the constitution; and that he be authorized to procure the like consent and exclusive legislation as to all future purchases of land for either of those purposes. SEC. 3. And be it further enacted, That the President of the United States, in all cases where lands have been conveyed for the United States to individuals or officers, be authorized to obtain from the person or persons to whom the conveyance has been made, a release of their interest to the United States. APPROVED, April 28, 1828. CHAP. XLII.-An Act authorizing the legislative council of Florida to meet in October instead of December; and repealing the proviso in the sixth section of the act, entitled "An act to amend an act, for the establishment of a territorial government in Florida, and for other purposes," approved March the third, one thousand eight hundred and twenty-three. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the legislative council of the territory of Florida shall begin its next session on the second Monday in October instead of December, and annually thereafter on the same day in the said month of October. SEC. 2. And be it further enacted, That the proviso in the sixth section of the act, entitled "An act to amend An act for the establishment of a territorial government in Florida, and for other purposes,"" approved March the third, one thousand eight hundred and twenty-three, be, and the same is hereby, repealed: Provided, That nothing herein contained shall be construed as approving any act or acts heretofore passed by the legislative council of the territory of Florida. Proviso in the 6th section of the act of March 3, 1823, ch.28, repealed. Proviso. Division of the thirteen election districts. SEC. 3. And be it further enacted, That it shall be the duty of the governor and legislative council, at the next session of said council, to territory into divide said territory into thirteen election districts, in such manner as to give to each the same number of qualified electors, as nearly as conveniently may be, and to secure to each district an equal representation; and the said governor and council shall have power, from time to time, to alter and regulate the several districts in such manner as the increasing population of the territory may require. SEC. 4. And be it further enacted, That the judges of the superior courts in said territory shall have power to order extra terms of said courts, or to adjourn them to any other time and place when the public interest may require it, and when, from sickness or other cause, the judges cannot hold the regular terms, giving due notice of the same: and it shall also be lawful for the said judges to hold courts in either of the districts, when the judge of the district is absent, or prevented from attending by sickness or other cause. APPROVED, April 28, 1828. Judges of the superior courts to have power to order extra terms of said courts, &c. CHAP. XLIV.-An Act making a supplementary appropriation for the military SEC. 2. And be it further enacted, That the quartermaster general CHAP. XLV. An Act making appropriations for the public buildings, and for other purposes. STATUTE I. May 2, 1828. [Obsolete.] Sums appro Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums of priated. money be, and the same hereby are appropriated, to be paid out of any money in the treasury not otherwise appropriated, for the following purposes; that is to say For complet. For completing the work remaining to be done, on and about the public buildings, fifty-six thousand four hundred dollars and eight ing work, &c. |