SEC. 4. And be it further enacted, That so much of the seventh section of the act of Congress, of the third of March, one thousand eight hundred and twenty-three, entitled "An act amending and supplementary to the act, entitled 'An act to provide for the survey and disposal of the public lands in Florida,' as prevents the appointment of a surveyor for Florida, until the commissioners shall have decided and reported on the private claims in said territory, be, and the same is hereby, repealed; and the eastern and western land districts in said territory shall be divided and separated by the Suwaney river, and not by the ancient line of division between the provinces of East and West Florida, as prescribed by the eighth section of the act aforesaid. APPROVED, May 24, 1824.

Part of the 7th section of the act of March 3, 1823, ch. 29, repealed.

3,

STATUTE I.

Act of March

1819, ch. 98.

Any mistake which has been made by the person making the entry in relation to the correct numbers of any tract of land not exceeding one half section, on satisfactory evidence being produced to the commissioner

of the general land office, he

shall cause the

entry to be changed, &c.

Act of March

2, 1821, ch. 12.

CHAP. CXXXVIII.-An Act supplementary to an act, approved on the third day May 24, 1824. of March, one thousand eight hundred and nineteen, entitled "An act providing for the correction of errors in making entries of land at the land offices." Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That where any mistake, in relation to the correct numbers of any tract of land, not exceeding in quantity one half section, may have been heretofore made by any purchaser of the public lands of the United States at private sale, and where one or more payments shall have been made by the person making the entry, on any tract entered by mistake, and where such payment has not been forfeited, previously to the passing of this act, for a failure to complete the payments on such tract; and where the purchaser or purchasers may not, in relation to said tract, have in any way taken advantage of the provisions of the act of the second of March, eighteen hundred and twenty-one, entitled "An act for the relief of the purchasers of the public lands prior to the first day of July, eighteen hundred and twenty," or of the act supplementary thereto, or the act continuing in force said supplementary act, and where the person or persons making the purchase has not, in any way, transferred his, her, or their, right to the certificate of purchase, or the tract so purchased, and where no patent shall have issued for the tract so erroneously purchased; and, also, in all cases of an entry hereafter made, of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract, thus erroneously entered, does not, in quantity, exceed one half section; and where the certificate of the original purchaser or purchasers has not been assigned, or the right of the original purchaser or purchasers in any way transferred, and where six months from the time the entry shall have been made, may not have elapsed, or the patent issued for the tract erroneously entered, the purchaser or purchasers, or, in case of his, her, or their death, the legal representatives, (not being assignees or transferees,) may, either in the cases of entry before or after the passing of this act, and in any case coming within its provisions, file his, her, or their own affidavit or affidavits, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion or opinions, both as to [the] existence of the mistake, and the credibility of each person testifying thereto, to the commissioner of the general land office, who, if he be entirely satisfied [that] the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, shall be authorized to change the entry, and transfer the payment from the tract erroneously entered, to that intended to be entered, if unsold; but, if sold, to any other tract liable to entry: Pro

Proviso.

Proviso.

All oaths

under this act to

be administerod by the register or receiver.

The register

and receiver to

receive 25 cents for every hun

dred words of the evidence transmitted to the land office.

vided, That the oath of the person or persons interested shall, in no case, be deemed sufficient, in the absence of other corroborating testimony, to authorize any such change of entry: And provided, also, That nothing herein contained shall affect the right of third persons.

SEC. 2. And be it further enacted, That either the register or receiver may administer all oaths to be made under the provisions of this act, and every person, knowingly, wilfully, and corruptly, swearing falsely, on any oath administered to him or her under the provisions of this act, shall, on indictment and conviction for such offence, before any court having competent jurisdiction to try the same, suffer the pains and penalties of wilful and corrupt perjury.

SEC. 3. And be it further enacted, That for every oath administered under the provisions of this act, the register and receiver shall be allowed the sum of twenty-five cents, and twenty-five cents for every hundred words of the evidence received and transmitted to the commissioner of the general land office, to be paid by the party making the application for a change of entry.

APPROVED, May 24, 1824.

STATUTE I. May 24, 1824.

The President authorized to

CHAP. CXXXIX.—An Act to improve the navigation of the Ohio and Mississippi rivers. (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

(a) Appropriations to improve the Ohio, Missouri and Mississippi rivers:

Toward improving the navigation of the Missouri and Ohio rivers, act of May 23, 1828, ch. 73. For continuing to improve the navigation of the Ohio and Mississippi rivers, fifty thousand dollars, act of March 3, 1829, ch. 51.

For improving the navigation of the Mississippi and Ohio rivers, fifty thousand dollars, act of April 23, 1830, ch. 72.

For improving the navigation of the Ohio and Mississippi rivers, to be expended under the existing laws, fifty thousand dollars, act of March 2, 1831, ch. 58.

For improving the navigation of the Ohio, Missouri, and Mississippi rivers, fifty thousand dollars, July 3, 1832, ch. 153.

For improving the navigation of the Ohio, Missouri, and Mississippi rivers, fifty thousand dollars, March 2, 1833, ch. 69.

For improving the navigation of the Ohio, Missouri, and Mississippi rivers, fifty thousand dollars, Jan. 28, 1834, ch. 103.

For improving the navigation of the Ohio river below the falls, and the Missouri, and Mississippi rivers, fifty thousand dollars, March 3, 1835, ch. 25.

For improving the navigation of the Ohio and Mississippi rivers from Louisville to New Orleans, sixty thousand dollars, July 2, 1836, ch. 259.

For improving the navigation of the Ohio and Mississippi rivers, from Pittsburg to New Orleans, under the act of second of March, 1831, seventeen thousand eight hundred dollars and four cents, July 1836, ch. 259.

For continuing the improvement of the Ohio river, between the falls and Pittsburg, sixty thousand dollars, March 3, 1837, ch. 44.

For continuing the improvement of the navigation of the Ohio and Mississippi rivers, from Louisville to New Orleans, March, 1837, ch. 44.

For continuing the work for the removal of the obstructions to the navigation of the Mississippi river, at its mouth, two hundred and ten thousand dollars, March 3, 1837, ch. 44.

For continuing the improvement of the Mississippi river, above the mouth of the Ohio, and of the Missouri river, forty thousand dollars, March 3, 1837, ch. 44.

For improving the navigation of the Ohio, Missouri, and Mississippi rivers, and to replace the steam snag-boat Archimedes, sunk in the Mississippi river, in November last, twenty-three thousand dollars, March 3, 1837, ch. 44.

For improving the Ohio river between the falls and Pittsburg, fifty thousand dollars, July 7, 1838, ch. 171.

For continuing the improvement of the navigation of the Ohio and Mississippi rivers, from Louisville to New Orleans, seventy thousand dollars, July 7, 1838, ch. 171.

For continuing the improvement of the Mississippi river, above the mouth of the Ohio and of the Missouri river, twenty thousand dollars, July 7, 1838, ch. 171.

For the continuation of improvements on the Missouri, Mississippi, Ohio, and Arkansas rivers, one hundred and fifty thousani dollars, act of March 1, 1843, ch. 52.

For the improvement of the Ohio river, between Pittsburg and the Falls of Louisville, one hundred thousand dollars, June 11, 1844, ch. 44.

For the improvement of the Ohio river, below the falls of Louisville, and of the Mississippi, Mis souri, and Arkansas rivers, one hundred and eighty thousand dollars, June 11, 1844, ch. 44.

United States be, and he is hereby, authorized to cause the navigation of the Ohio river to be improved over the following sand bars, or either of them, at his discretion, to wit: the sand bar which crosses said river, one mile and a quarter below Flint Island; the sand bar two miles above French Island; the bar just below Henderson; the bar below Straight Island; the bar below Willow Island, in the Mississippi bend; and the bar opposite to lower Smithland, below Cumberland Island; and, for the purpose of ascertaining and directing the best method of carrying the provisions of this act into effect, he may employ any of the engineers in the public service which he may deem proper: Provided, nevertheless, That two experiments shall first be made upon two of the said bars, and if in his judgment they shall be successful, then, and not otherwise, he is hereby authorized to cause improvements to be made upon the remaining bars.

SEC. 2. And be it further enacted, That, for the purpose of improving the navigation of the Mississippi river, from the mouth of the Missouri to New Orleans, and of the Ohio river from Pittsburg to its junc tion with the Mississippi, the President of the United States is hereby authorized to take prompt and effectual measures for the removal of all trees which may be fixed in the bed of said river; and, for this purpose, he is authorized to procure and provide, in that way which in his discretion may be most eligible, the requisite water craft, machinery, implements, and force, to raise all such trees, commonly called "planters, sawyers, or snags," as may be found in the current of the said rivers at the lowest stage of water, and to saw or cut them off, as near as practicable to the bottom of the stream; and where trees are found upon sand bars, upon the points of islands, or near the bank of the river, which may, at the lowest stage of the water, endanger the safety of navigating said rivers, they shall in like manner be cut, removed, or sawed off; and all roots or limbs, belonging to those parts of said trees, which are fastened in the earth, shall be carefully cut away.'

SEC. 3. And be it further enacted, That, for the purpose of carrying 75,000 dollars into effect the provisions of this act, the sum of seventy-five thousand appropriated. dollars be, and is hereby, appropriated. And the President of the United States is hereby authorized to draw, from time to time, on the treasury, for such parts, or at any one time for the whole, of said sum, as he shall judge the service requires; which said sum shall be paid out of any money in the treasury not otherwise appropriated.

SEC. 4. And be it further enacted, That the President be, and he is hereby, requested to cause to be laid before Congress, as soon as convenience will permit after the commencement of each session, a statement of the proceedings under this act, that Congress may be enabled to adopt such further measures as may, from time to time, be necessary under existing circumstances.

APPROVED, May 24, 1824.

The Presi

dent to lay.be

fore Congress at the commence

ment of each

session a statement of the proceedings.

CHAP. CXL.-An Act to authorize the creation of a stock to an amount not exceeding five millions of dollars, to provide for the awards of the commissioners under the treaty with Spain, of the twenty-second of February, one thousand eight hundred and nineteen.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, for the purpose of providing funds to discharge the awards of the commissioners under the treaty with Spain, of the twenty-second day of February, in the year of our Lord one thousand eight hundred and nineteen, the Secretary of the Treasury be, and he is hereby, authorized, with the approbation of the President of the United States, to cause to be issued and sold to the Bank VOL. IV.-5

STATUTE I.

May 24, 1824. [Obsolete.]

The Secreta

ry of the Trea

sury authorized to create a stock to an amount not exceeding 5,000,000 dollars, &c.

Moneys received from the sale of certificates of said

stock, to be applied to the pay

ment of the awards under the treaty with Spain. Proviso.

Interest accruing on said stock to be paid out of the trea

sury.

STATUTE I. May 24, 1824.

Course to be

pursued in sur veying lands.

STATUTE I.

of the United States, or others, at a sum not less than the par value thereof, certificates of stock of the United States, to any amount not exceeding the sum of five millions of dollars, and bearing an interest of not exceeding four and one half per centum per annum, from the period of the sale thereof; which stock, so created, shall be redeemable at the pleasure of the United States, at any time after the first day of January, in the year one thousand eight hundred and thirty-two. And, upon the sale of such stock, in manner aforesaid, credit or credits to the proprietors thereof, shall thereupon be entered and given on the books of the treasury, in like manner as for the present funded debt; which said credits or stock shall thereafter be transferable as other public stock of the United States.

SEC. 2. And be it further enacted, That the moneys which may be received from the issuing and sale of the aforesaid certificates of stock, shall [be,] and the same are hereby, directed to be applied to the payment and discharge of the awards of the commissioners under the treaty with Spain, of the twenty-second day of February, in the year eighteen hundred and nineteen. Provided, also, That in all cases where the person or persons, in whose name, or for whose benefit and interest, the aforesaid awards shall be made, shall be in debt and in arrears to the United States, the Secretary of the Treasury shall retain the same out of the amount of the aforesaid awards, in the first instance, and a warrant or certificate, as the case may be, shall only issue for the balance. (a)

SEC. 3. And be it further enacted, That a sum, equal to what will be necessary to pay the interest which may accrue on the said stock, to the end of the present year, be, and the same is hereby, appropriated for that purpose, to be paid out of any moneys in the treasury not otherwise appropriated.

APPROVED, May 24, 1824.

CHAP. CXLI.—An Act changing the mode of surveying the public lands, on any river, lake, bayou, or water-course.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, whenever, in the opinion of the President of the United States, a departure from the ordinary mode of surveying land on any river, lake, bayou, or water-course, would promote the public interest, he may direct the surveyor general, in whose district such land is situated, and where the change is intended to be made, under such rules and regulations as the President may prescribe, to cause the lands thus situated, to be surveyed in tracts of two acres in width, fronting on any river, bayou, lake, or water-course, and running back the depth of forty acres; which tracts of land, so surveyed, shall be offered for sale entire, instead of in half-quarter sections, and in the usual manner, and on the same terms, in all respects, as the other public lands of the United States.

APPROVED, May 24, 1824.

May 25, 1824. CHAP. CXLV.—An Act to aller the times of holding the circuit and district courts of the United States for the district of South Carolina. (b)

The times for holding the cir

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That instead of the times now

(a) If, under the act of May 24, 1824, ch. 140, sec. 2, the Secretary of the Treasury omit to retain the amount of debt due to the United States from a person entitled by an award under the Spanish treaty, from money provided for the payment of such award, it does not prejudice the United States to proceed for payment of such debts against the general assignee, who has received the money from the treasury. The United States v. William Hunter, 5 Mason, C. C. R. 62.

(b) Circuit and district courts in South Carolina.

Act of September 24, 1789, (obsolete,) ch. 20, sec. 3.

An act to alter the times for holding the circuit courts of the United States, in the district of South

established by law, the circuit court for the district of South Carolina, shall, annually, be holden as follows, to wit: at Charleston on the second Tuesday of April, and at Columbia on the third Tuesday of November. SEC. 2. And be it further enacted, That all suits, actions, writs, processes, and other proceedings, which now are pending in said circuit court, or which now are, or may hereafter be, commenced for, or returnable to the said circuit court, at the times and places heretofore established, shall be returnable to, heard, tried, and determined, in the said circuit court, at the times and places hereby respectively established for the holding thereof.

SEC. 3. And be it further enacted, That, from and after the passing of this act, the times of holding the district court of the United States at Laurens Courthouse, South Carolina, shall be so altered that the said court shall hereafter convene on the Tuesday next ensuing, after the adjournment of the circuit court of the United States at Columbia. APPROVED, May 25, 1824.

cuit court for South Carolina, to be changed. All suits to be

the district of

proceeded with

as before.

The times of

holding the district courts at house, to be al

Laurens Court

tered.

STATUTE I.

CHAP. CXLVI.—An Act to enable the President to hold treaties with certain May 25, 1824.' Indian tribes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of ten thousand dollars be, and the same hereby is, appropriated, to defray the expenses of making treaties of trade and friendship with the Indian tribes beyond the Mississippi: and that the said sum shall be paid out of any money in the treasury not otherwise appropriated.

Appropriation for making trea

ties with the Indians beyond the Mississippi.

Commission

SEC. 2. And be it further enacted, That, for the purpose of negotiating said treaties, on the part of the United States, the President shall be, and ers to be aphe hereby is, authorized to appoint suitable persons for commissioners, pointed. and to fix their compensation, so as not to exceed what has been heretofore allowed for like services.

Two subagents to be

SEC. 3. And be it further enacted, That the President shall be, and hereby is, authorized to appoint two sub-agents to be employed among employed. the Indian tribes, on the waters of the Upper Missouri, whose annual salary shall be eight hundred dollars each, to be paid out of any money in the treasury not otherwise appropriated.

SEC. 4. And be it further enacted, That it shall be the duty of Indian agents-to designate, from time to time, certain convenient and suitable places for carrying on trade with the different Indian tribes, and to require all traders to trade at the places thus designated, and at no other place or places.

SEC. 5. And be it further enacted, That the superintendent of Indian affairs at St. Louis, and his successors in office, shall possess all the pow

Indian agents to designate convenient

places for carrying on trade.

The power vested in the superintendent

Carolina, and Georgia, and providing that the district court of Pennsylvania shall, in future, be held at the city of Philadelphia, (obsolete,) August 11, 1790, ch. 42.

An act concerning the circuit courts of the United States, March 3, 1797, ch. 27.

An act to amend the judicial system of the United States, April 29, 1802, ch. 31.

An act for the more convenient arrangement of the times and places of holding the circuit courts of

the United States, for the districts of South Carolina and Georgia, April 24, 1816, ch. 74.

An act to divide the state of South Carolina into two judicial districts, Feb. 21, 1823, ch. 11.

An act to alter the times of holding the circuit and district courts of the United States, for the district of South Carolina, May 25, 1824, ch. 145.

An act to amend an act, entitled "An act to alter the times of holding the circuit and district courts for the district of South Carolina," March 3, 1825, ch. 79.

An act for altering the time of holding the session of the Supreme Court of the United States, and of the sessions of the circuit court of the United States, for the districts of South Carolina and Georgia, May 4, 1826, ch. 37.

An act to alter the times for holding the sixth circuit court of the United States, for the district of South Carolina, Feb. 5, 1829, ch. 19.

An act to change the times of holding the federal courts in Kentucky, North Carolina, South Carolina, Georgia, Alabama, and Louisiana, March 1, 1845, ch. 39.