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territory, as he may deem the interests of the United States may require, in the prosecution of such bills of review before the said court.
Sec. 7. And be it further enacted, That, in all cases, the party against Appeal to the whom the judgment or decree of the said court may be finally given,
United States. shall be entitled to an appeal, within one year from the time of its rendition, to the Supreme Court of the United States, which court shall have power to review the decision of the court below, both on the law and the facts; and the court in Arkansas be, and the same is hereby required Grounds of apto spread upon the record the whole testimony, together with the reasons peal. for their decision in each case, and to transmit to the Supreme Court of the United States the same, together with the original warrant, concession, grant, order of survey, or other evidence of title.
Sec. 8. And be it further enacted, That each of the judges of the Extra compensupreme court of the territory of Arkansas shall, while in the dis- sation to judges,
$800 dollars per charge of their duties imposed by this act, be allowed at the rate of eight hundred dollars per annum, in addition to their salary as judges of the superior court for ihe territory of Arkansas, which shall be in full for their services, to be paid out of any money in the treasury, not other. Appropriation. wise appropriated.
APPROVED, May 8, 1839.
Chap. XCI.-An Act supplementary to the act, entitled " An act to authorize the May 8, 1830.
citizens of the territories of Arkansas and Florida to elect their officers, and for other purposes.”
(Obsolete.) Be it enacted by the Senate and House of Representatives of the United
Certain vacanStates of America, in Congress assembled, That in case any vacancy by governor till
cies to be filled has occurred, or shall occur in any office to which any person has been, general or shall be elected by the citizens of Arkansas, under the provisions of election, the act to which this is a supplement, either by a refusal to accept the
Act of Jan. 21,
1829, ch. 13. same, or by death, resignation, or otherwise, the governor of the said territory is hereby authorized and required to supply such vacancy, until the next general election; and in case any vacancy shall occur, in the Othera till offices of justice of the peace, auditor, or treasurer for the said territory, meeting of loeither by a refusal to accept the same, or by death, resignation, or other
gislature. wise, the governor thereof is hereby authorized and required to supply such vacancy until the next meeting of the legislature.
APPROVED, May 8, 1830.
Chap. XCII.-An Act to authorize the re-conveyance of a lot of land to the May 10, 1830.
mayor and corporation of the city of New York. WHEREAS the mayor and corporation of the city of New York, on the sixth May, one thousand eight hundred and eight, did convey to the United States, a lot of land at the foot of Hubert-street, in the city of New York, called the North Battery, so long as the same should be used and applied to the defence and safety of the port of New York, and no longer :" Be it therefore enacted by the Senate and House of Representatives of President of
United the United States of America, in Congress assembled, That, whenever
authorized to rethe President of the United States shall determine that the said lot is no
North longer useful for the purposes aforesaid, he be, and he hereby is, autho- Battery to the
of New rized to cause the same to be re-conveyed to the mayor and corporation city
York, &c. of New York, the works thereon to be dismantled, and the materials thereof to be disposed of, in such manner as, in his judgment, the public interest may require.
APPROVED, May 10, 1830.
Washington city to Alexandria. Draw to be Be it enacted by the Senate and House of Representatives of the United made, &c.
States of America, in Congress assembled, That the corporation of Georgetown, in the District of Columbia, be, and they are hereby, authorized, within six months from the passing of this act, to form a draw in the bridge leading from Washington city to Alexandria, across the Poto
mac river, not less than sixty-six feet in length, nor less than twelve feet $6000 appro- wide; and for defraying the expense of making said draw, the sum of priated. six thousand dollars be, and the same is hereby, appropriated, out of any
unappropriated money in the treasury. Lamps to be Sec. 2. And be it further enacted, That the Washington Bridge Comkept, &c.
pany shall hereafter be required to keep eight reflecting lamps, to be
lighted during the night, of which four shall be at the principal draw, Width may be two at the smaller draw, and one at each end of the bridge ; and in reduced to 24 repairing said bridge, the company may, and hereby are, permitted to feet, &c.
reduce the width of the bridge to twenty-four feet, leaving four feet on one side of said bridge for foot-passengers, which shall, by a strong and
susficient railing, be separated from the carriage-way. Form of warps. Sec. 3. And be it further enacted, That, in making said draw, the
opposite side of the warps, above and below the bridge, shall be curved off in circular form; and the sides of the spaces covered by said draw, shall be sufficiently and strongly planked up on each side; and said bridge company shall remove from the passage through it, all obstructions
to safe navigation. Sec. of War Sec. 4. And be it further enacted, That so soon as the Secretary to be the inspec. of War shall be fully satisfied that the work contemplated by this act to tor of this work.
be done, under the superintendence and authority of the corporation of
Georgetown, is properly and sufficiently well done, and is entirely safe for Appropriation the passing of wagons, then, and not before, shall the appropriation herein made condition. be paid, or so much of the same as shall be sufficient to meet the ally.
expenses of making said draw. Passage over
Sec. 5. And be it further enacted, That said corporation of Georgebridge not to be town shall not interrupt the passage across said bridge for a longer period interrupted for than sixty days, under the penalty of paying to the bridge company, an more than sixty days.
amount equal to ten dollars, for each and every day over sixty days, that Penalty. the passing of said bridge may be interrupted. Consequences Sec. 6. And be it further enacted, That if said company shall refuse ofrefusal of Cor- to the corporation of Georgetown the right to execute the provisions of poration to, &c.
this act, then the rights and provisions in favour of said company, secured by the second section of this act, shall be null and void, and of no effect.
Sec. 7. And be it further enacted, That if the said company shall refuse to permit the alteration in the draw herein provided for, and shall, within thirty days after the passage of this act, notify the corporation of Georgetown of such refusal, then this act, and every thing therein con
tained, shall cease to have effect. Another draw Sec. 8. And be it further enacted, That the corporation of Washington,
in the said District of Columbia, be authorized to form a draw in said $2,000 appro- bridge, over the eastern channel of said river, thirty-five feet wide; for priated, under which purpose the sum of two thousand dollars is hereby appropriated,
stipula- and is to be applied in the same manner, by the corporation of Washingtions, &c.
ton, to the construction of the said last-mentioned draw, as the appropriation in the first section of this act is to be made and applied by the corporation of Georgetown, to the construction of the first-mentioned draw; and, further, that all the provisions of this act, relating to the firstmentioned draw and the corporation of Georgetown, shall apply to the draw last mentioned and the corporation of Washington.
to be made.
Sec. 9. And be it further enacted, That nothing contained in this act
This act not to shall be considered as giving a construction to so much of the tenth and be considered as eleventh sections of the original charter of said bridge company, as
construing, &c. relates to the construction of draws in said bridge.
APPROVED, May 14, 1830.
CHAP. XCVI. An Act to alter the time of holding the sessions of the legislative May 14, 1830.
council of the territory of Florida. Be it enacted by the Senate and House of Representatives of the United
Times for sesStates of America, in Congress assembled, That the legislative council of the territory of Florida shall commence its session on the first Mon Vol. iii. 654. day in January in each year, instead of the second Monday in October, as now directed by law. Sec. 2. And be it further enacted, That the first and third sections
Certain enactof an act“ to amend an act for the apprehension of criminals and the ments of the lepunishment of crimes and misdemeanors,” passed by said legislative cil annulled. council the fifteenth day of November, eighteen hundred and twentynine, be, and the same are hereby annulled.
APPROVED, May 14, 1830.
Chap. XCVIII.- An Act to establish a port of delivery at Delaware City.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That Delaware City, in the district of Philadelphia, shall be a port of delivery; and a surveyor shall be appointed, who shall reside at said city.
APPROVED, May 20, 1830.
May 20, 1830.
Port of Delivery established.
STATUTE I. Cuap. XCXIX.–An Act making appropriations to carry into effect the treaty May 20, 1830. of Butte des Mortes.
(Obsolete.) Be it enacted by the Senate and House of Representatives of the United
Appropriations States of America, in Congress assembled, That the following sums be, for treaty with and they are hereby, appropriated, to be paid out of any unappropriated Chippewas, &c. money in the treasury, to carry into effect a treaty with the Chippewa, Menomonie, and Winnebago Indians, ratified the twenty-third February, one thousand eight hundred and twenty-nine, viz:
For the expense of distributing goods among the Indians at said treaty, Distributing as stipulated in the fourth article, fifteen thousand six hundred and eighty- goods. two dollars.
For purposes of education, as provided by the fifth article, for three Education. years, three thousand dollars.
For compensation of commissioners, and other expenses attending the Boundary comadjustment of boundaries, and other objects referred to in the first, second, missioners, &c. and third articles, five thousand dollars.
APPROVED, May 20, 1830.
May 20, 1830.
Duty on coffee.
Chap. CI.- An Act to reduce the duties on coffee, tea, and cocoa. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the thirtyfirst day of December, one thousand eight hundred and thirty, the duty on coffee shall be two cents per pound, and from and after the thirty
first day of December, one thousand eight hundred and thirty-one, the duty on coffee shall be one cent per pound, and no more; and from and
after the thirty-first day of December, one thousand eight hundred and Cocoa. thirty, the duty on cocoa shall be one cent per pound, and no more.
And that from and after the thirty-first December, one thousand eight
hundred and thirty-one, the following rates of duty and no other, shall Teas imported be levied and collected on teas imported from China, or other place east from China, &c.
of the Cape of Good Hope, and in vessels of the United States, to wit: Imperial, Gunpowder, and Gomee, twenty-five cents per pound; Hyson and Young Hyson, eighteen cents per pound; Hyson Skin, and other green teas, twelve cents per pound; Souchong and other black teas,
except Bohea, ten cents per pound, and Bohea .four cents per pound; Teas imported and on teas imported from any other place, or in vessels other than those from any other of the United States, the following rates, to wit: Imperial, Gunpowder, place, or in fo- and Gomee, thirty-seven cents; Hyson, and Young Hyson, twenty-seven reign bottoms, &c.
cents; Hyson Skin, and other green teas, twenty cents; Souchong, and other black teas, except Bohea, eighteen cents; and Bohea, six cents
per pound. These duties
Sec. 2. And be it further enacted, That tea, cocoa, and coffee, which applied to tea, have been, or which shall be hereafter, put into the custom-house stores, in custom-house under the bond of the importer, and which shall remain under the constores, &c.
trol of the proper officer of the customs, on the thirty-first of December, one thousand eight hundred and thirty, and the thirty-first day of December, one thousand eight hundred and thirty-one, respectively, shall be subject to no higher duty than if the same were imported, respectively, after the said thirty-first day of December, one thousand eight hun
dred and thirty, and the thirty-first day of December, one thousand eight Proviso. hundred and thirty-one: Provided, That nothing herein contained shall
be construed to alter or postpone the time when the duty on the said tea, cocoa, and coffee shall be payable.
APPROVED, May 20, 1830.
May 20, 1830. CHAP. CII.-An Act to amend an act, entitled "An act to regulate the practice in
the courts of the United States, for the district of Louisiana. (a) Act of May Be it enacted by the Senate and House of Representatives of the United 26,1924, ch,181. States of America, in Congress assembled, That the mode of proceeding ing and empan- in drawing and empanneling juries in the courts of the United States neling juries to for the Louisiana districts, shall be the same as is now provided by law conform to that in the district courts of the state of Louisiana ; and that the judge of of the
the United States' courts in said district be, and he is hereby authorized, by rule, to adopt any amendment that may hereafter be made to the laws of the said state, prescribing the qualification of jurors, and providing
for drawing and empanneling juries. Duties of mar Sec. 2. And be it further enacted, That all the duties prescribed by shal and judge, the laws of the state of Louisiana, to be performed by the sheriff
, in reto those of the lation to the drawing and summoning of jurors, shall be performed by state sheriff and the marshals, and those so prescribed for the parish judge, or the district judges.
judge of the state, shall be performed by the district judge of the United States. And that the duties so prescribed by the said state laws, imposed on any other state officer, shall be performed by such householders as shall be designated by the said judge of the district court of the United States.
APPROVED, May 20, 1830.
(a) See notes to the act of May 26, 1824, ch. 181.
STATUTE I. CHAP. CV.-An Act to quiet the titles of certain purchasers of lands, between the
May 26, 1830. lines of Ludlow and Roberts, in the state of Ohio. Be it enacted by the Senate and House of Representatives of the United Appropriation States of America, in Congress assembled, That the President of the of $62,515 25, United States be, and he is hereby, authorized to pay, out of any money military claimin the treasury, not otherwise appropriated, to the Virginia military claim- ants. ants of lands situated between the two lines in the state of Ohio, commonly called Ludlow's and Roberts' lines, and south of the Greenville treaty line, located prior to the twenty-sixth day of June, in the year of our Lord one thousand eight hundred and twelve, the sum of sixty-two thousand five hundred and fifteen dollars and twenty-five cents, with interest thereon from the fourth March, eighteen hundred and twenty-five, at six per cent. per annum, until paid; being the amount at which said lands were valued, exclusive of improvements, under the act of Congress, entitled “ An act to authorize the President of the United States to Act of May enter into certain negotiations relative to the lands located under Vir- 26; 1824, ch.
188. ginia military land warrants, lying between Ludlow's and Roberts' lines, in the state of Ohio;" Provided however, That before the payment of Proviso: Ti
tles to be said sum, the said claimant or claimants shall relinquish, by deed
linquished. deeds, to the United States, in such manner as the President shall direct, their title or titles to the said lands.
Sec. 2. And be it further enacted, That the payments aforesaid shall Payment be made as directed to the said claimants, according to the valuation of be made accord
ing to valuation. their respective tracts of land, made under the above-recited act of Congress.
APPROVED, May 26, 1830.
Chap. CVI.-- An Act to provide for the final settlement of land claims in May 26, 1830.
Florida. (a) Be it enacted by the Senate and House of Representatives of the United Certain claims States of America, in Congress assembled, That all the claims and titles confirmed, exto land filed before the register and receiver of the land office, acting as commissioners, in the district of East Florida, under the quantity contained in one league square, which have been decided and recommended for confirmation, contained in the reports, abstracts and opinions, of said register and receiver, transmitted to the Secretary of the Treasury, according to law, and referred by him to Congress, on the fourteenth day of January, one thousand eight hundred and thirty, be, and the same are hereby confirmed, with the exception of such claims as were confirmed by the Spanish government, subsequent to the twenty-fourth of January, one thousand eight hundred and eighteen, which shall be re-examined Report to be and reported, with the evidence by the register and receiver, before the laid before Connext session of Congress, to the Secretary of the Treasury, to be laid gress. before Congress.
(a) See notes of the decisions of the Supreme Court, as to Florida land claims, vol. iii. p. 709.
Where the Supreme Court has affirmed the title to lands in Florida, and referred in its decree to a particular survey, it would not be proper in the court below to open the case for a rehearing, for the purpose of adopting another survey. Chaires v. The United States, 3 Howard, 611.
The court below can only execute the mandate of the Supreme Court; it has no authority to disturb the decree, and can only settle what remains to be done. Ib.
The act of 26th May, 1830, ch. 106, providing for the final settlement of land claims in Florida, must be construed to contain the same limitation of time, within which claims were to be presented, as that provided by the act of May 23, 1828, ch. 70. United States v. Marvin, 3 Howard, 620.
The limitation was one year. The courts of Florida, therefore, had no right to receive a petition for the confirmation of an incomplete concession, after the 26th May, 1831. Ib.
Under the Florida treaty, the United States did not succeed to those rights which the king of Spain had held by virtue of his royal prerogative, but possessed the territory, subject to the institutions and laws of its own government. Pollard's Lessee v. Hagan, 3 Howard, 212.