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owner, consignee, agent, or exporter, and the oath to be made on the entry of such goods shall be annexed thereto.
Sec. 6. And be it further enacted, That the assistant appraisers at New Compensation York shall receive a compensation of fifteen hundred dollars per annum; of assistant apand those at Boston and Philadelphia, a compensation of twelve hundred praiser, &c. dollars per annum; to be paid out of the proceeds of the customs; and the clerks, and all other persons employed in the appraisers' office, shall be appointed by the principal appraisers, and their number and compensation limited and fixed by the Secretary of the Treasury.
Sec. 7. And be it further enacted, That all forfeitures incurred under Forfeitures. this act, shall be sued for, recovered, and distributed, according to the provisions of the act, entitled “ An act to regulate the collection of Act of March duties on imports and tonnage,” passed the second day of March, one 2, 1799, ch. 22. thousand seven hundred and ninety-nine: Provided, That the appraisers Proviso. and assistant appraisers shall, in no case, receive any proportion of such forfeiture: And provided also, That the Secretary of the Treasury shall be, and he is hereby, authorized to remit any such forfeiture whenever he is of opinion that no fraud on the revenue was intended.
Sec. 8. And be it further enacted, That whenever, in the opinion of Additional the Secretary of the Treasury, it may be necessary in order to carry
bond. full effect the laws for the collection of the revenue, he may authorize the collector of any district into which goods, wares, or merchandise, subject to duty, may be imported, to require the owner, importer, or consignee of such goods, wares, or merchandise, to give bond, in addition to the bond now required by law, in a sum not exceeding the value of such merchandise, that he will produce or cause to be produced, within a reasonable time, to be fixed by the said Secretary, such proof as the said Secretary may deem necessary, and as may be in the power of the said owner, importer, or consignee, to obtain, to enable the collector to ascertain the class or description of manufacture, or rate of duty, to which such goods, wares, or merchandise, may be justly liable.
Sec. 9. And be it further enacted, Thal, from and after the thirtieth Iron-duty. day of September next, all iron manufactured for railroads, shall be liable to the same rate of duty which is now imposed on bar or bolt iron of similar manufacture; and that all scrap iron shall be liable to the same duty that is charged on iron in pigs : Provided, however, That Proviso. when it shall be satisfactorily proved to the Secretary of the Treasury, that any of the said iron imported for the purpose of being applied in the construction of any railroad or inclined plane by any state or incorporated company, has been actually and permanently laid on any such railroad or inclined plane, that then and in that case he may allow to such state or company, a drawback of the duty on such railroad iron so laid, or, if the duty upon the same shall have been actually paid, he may refund the same: Provided, such drawback or repayment shall not reduce Proviso. the duty to be paid on such iron below twenty-five per cent. ad valorem, nor upon any less quantity than twenty tons.
APPROVED, May 28, 1830.
Chap. CXLVIII.-An Act to provide for an exchange of lands with the Indians May 28, 1830.
residing in any of the states or territories, and for their removal west of the river Mississippi.
Be it enacted by the Senate and House of Representatives of the United Districts to be States of America, in Congress assembled, That it shall and may be law- laid off. ful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided
into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished
from every other. President to Sec. 2. And be it further enacted, That it shall and may be lawful for exchange, &c. the President to exchange any or all of such districts, so to be laid off
and described, with any tribe or nation of Indians now residing within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the state within which it lies to extinguish
the Indian claim thereto. Title secured Sec. 3. And be it further enacted, That in the making of any such to Indians.
exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if
they prefer it, that the United States will cause a patent or grant to be Proviso. made and executed to them for the same: Provided always, That such
lands shall revert to the United States, if the Indians become extinct, or
abandon the same. Improvements Sec. 4. And be it further enacted, That if, upon any of the lands now to be appraised, occupied by the Indians, and to be exchanged for, there should be such and paid for.
improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any
of the same tribe. Aid in moving, Sec. 5. And be it further enacted, That upon the making of any such &c.
exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their
support and subsistence for the first year after their removal. Protection.
Sec. 6. And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.
Sec. 7. And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence: Provided, That nothing in this act contained shall be construed as authorizing or directing the violation of any existing
treaty between the United States and any of the Indian tribes. 500,000 dol Sec. 8. And be it further enacted, That for the purpose of giving
appropri- effect to the provisions of this act, the sum of five hundred thousand ated.
dollars is hereby appropriated, to be paid out of any money in the treasury, not otherwise appropriated.
APPROVED, May 28, 1830.
STATUTE I. Chap. CXLIX.–An Act to authorize the register and receiver of the St. Helena May 28, 1830.
land district, in Louisiana, to receive evidence, and report upon certain claims to land mentioned therein.
Be it enacted by the Senate and House of Representatives of the United Certain claims States of America, in Congress assembled, That the register and receiver to be examined. of the St. Helena land district, in the state of Louisiana, are hereby authorized and required to receive evidence in support of the claim of John McDonogh to a tract of land on the Mississippi river, bounded above by the land of John de Bellevire, and below by lands of Madame A. Duplantier, and said to contain about fourteen arpens in front : also, one other tract of land, situated on the river Amite, alleged to have been originally granted to Domingo Assaretto by Governor Miro, on the eighteenth February, one thousand seven hundred and eighty-eight, containing thirty arpens in front, by forty in depth, under whom the said McDonogh claims title.
Sec. 2. And be it further enacted, That the said register and receiver shall have the same powers, and perform the same duties, in relation to the said two claims, as was authorized and required of them by the act of the third of March, one thousand eight hundred and nineteen ; and March 3, shall report to the commissioner of the general land office an abstract of 1819, ch. 92. the evidence furnished in each case, together with their opinion thereon, that the same may be laid before Congress at the commencement of their next session.
APPROVED, May 28, 1830.
CHAP. CL.-An Act to repeal a part of an act, passed the twenty-sixth day of May 28, 1830.
March, one thousand eight hundred and four, enlitled “An act making provisions for the disposal of the public lands in the Indiana territory, and for other purposes."
Be it enacted by the Senate and House of Representatives of the United Act of March States of America, in Congress assembled, That so much of an act, 26,1804, ch: 35. approved the twenty-sixth day of March, in the year one thousand eight of Jand-office hundred and four, entitled “An act making provisions for the disposal books discontiof the public lands in the Indiana territory, and for other purposes,"
nued. as, makes it the duty of the Secretary of the Treasury to cause, at least once every year, the books of the offices to be examined, and the balance of public moneys in the hands of the several receivers of public moneys of the said offices to be ascertained, be, and the same is hereby, repealed.
APPROVED, May 28, 1830.
Chap. CLI.— An Act relative to the plan of Detroit, in Michigan territory.
May 28, 1830. Be it enacted by the Senate and House of Representatives of the United Report to be
made. States of America, in Congress assembled, That the governor and judges of the territory of Michigan, or any three of them, are hereby required to make a report of the plan of laying out the town of Detroit, under and by virtue of an act, entitled "An act to provide for the adjust- Act of April 21, ment of titles of land in the town of Detroit, and territory of Mi- 1806, ch. 43. chigan, and for other purposes,” passed the twenty-first April, one thousand eight hundred and six; one copy of which shall, on or before the first day of January next, be deposited and recorded in the office of the Secretary of the territory of Michigan, and another copy transmitted to the Secretary of State of the United States, to be by him laid before Congress. APPROVED, May 28, 1330.
vessels in certain cases to clear out either at the custom-house of Petersburg, or
that of Richmond." Proviso of act
Be it enacted by the Senate and House of Representatives of the United of May 26, 1824, ch. 161, repealStates of America, in Congress assembled, That the proviso of an act,
passed May twenty-sixth, one thousand eight hundred and twenty-four, entitled “An act to authorize masters of vessels in certain cases to clear out either at the custom-house of Petersburg, or that of Richmond,” be, and the same is hereby, repealed.
APPROVED, May 28, 1830.
May 29, 1830. Chap. CLIII.—An Act to provide for the appointment of a solicitor of the
treasury. Solicitor of Be it enacted by the Senate and House of Representatives of the United treasury. States of America, in Congress assembled, That there be appointed, by
the President of the United States, by and with the advice and consent Powers and of the Senate, some suitable person, learned in the law, to be solicitor of duties.
the treasury; and that all and singular the powers and duties which are by law vested in, and required from, the agent of the treasury of the United States, shall be transferred to, vested in, and required from, the said solicitor of the treasury; and the said solicitor of the treasury shall also perform and discharge so much of the duties heretofore belonging to the office of commissioner, or acting commissioner of the revenue, as
relates to the superintendence of the collection of outstanding direct and Charge of internal duties. And the said solicitor shall have charge of all lands and lands, &c,
other property which have been or shall be assigned, set off, or conveyed to the United States, in payment of debts, and of all trusts created for the use of the United States, in payment of debts due them; and to sell and dispose of lands assigned, or set off to the United States, in pay
ment of debts, or being vested in them by mortgage, or other security Release of for the payment of debts; and in cases where real estate hath already lands, &c. become the property of the United States by conveyance, extent, or
otherwise, in payment of a debt, and such debt hath been fully paid, in
be lawful for the solicitor of the treasury to release by deed, or otherwise convey the same real estate to the debtor from whom it was taken, if he shall be living, or if such debtor be dead, to his heirs or de
visees, or such person as they shall appoint. Papers of trea Sec. 2. And be it further enacted, That the Secretary of the Treasury sury agent to be shall cause to be transferred to the solicitor of the treasury, all books, transferred.
papers, and records, belonging or appertaining to the office of agent of
the treasury, or belonging and appertaining to the superintendence of the Direct taxes,
collection of outstanding direct taxes and internal duties; and the comp&c.
troller of the treasury, and all other officers, who have heretofore been re
quired to cause accounts to be stated and certified, or to make out or Returns and forward lists, returns, reports, or statements, to the agent of the treasury, reports.
are hereby required to cause such accounts to be stated and certified, and such lists, returns, reports, and statements, to be made and forwarded to the solicitor of the treasury; and all lists, returns, reports, and statements, respecting outstanding direct taxes, and internal duties, here tofore required to be made to the commissioner or acting commissioner of the revenue,
shall hereafter be made to the said solicitor of the treasury. Statements by Sec. 3. And be it further enacted, That whenever any bond for duties collectors of bonds delivered
all be delivered to a district attorney for suit, the collector so deliverfor suit. ing the same shall immediately give information thereof to the solicitor
of the treasury, with a full and exact description of the date of such bond, the amount due thereon, and the names of all the obligors thereto; and the solicitor of the treasury shall thereupon make such entry thereof as that the said attorney may duly appear chargeable therewith, until the amount thereof shall have been paid to the United States, or he shall have obtained judgment thereon, and delivered execution to the marshal, shall otherwise have been duly discharged therefrom: and the several district Statements by attorneys of the United States shall, immediately after the end of every
of term of the circuit and district courts of the United States, in their re- pending and de spective districts, forward to the solicitor of the treasury a full and parti- cided. cular statement, as well of all cases in which the United States are party, which are pending in said courts, as of those which may have been de cided during such term, accompanied by a certificate of the clerk of such court; and it shall be the duty of the solicitor of the treasury to make Comparison constant and strict comparisons and examinations of the said returns of of statements, the district attorneys, and of the reports made by the collectors of bonds and of reports
. delivered to the attorneys for suit; and if it shall appear that any collector shall make return of any bond as in suit, or delivered for suit, which is not, at the time, in suit, or delivered for suit, or shall return any bond as in suit, for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the solicitor of the treasury shall, immediately upon discovery thereof, communicate the same to the President of the United States; and it shall Collector to further be the duty of each collector to accompany his return for the last send accounts
of bonds in suit. quarter of every year with a particular account of bonds in suit, stating the amount actually unpaid on each; and to the truth of such account he shall certify on oath.
Seç. 4. And be it further enacted, That when any suit or action for the Statements of recovery of any fine, penalty, or forfeiture, shall be instituted or com
suits for fines,
seizure, &c. menced, a statement of such suit or action shall be immediately transmitted to the solicitor of the treasury, by the attorney instituting the same; and whenever any seizure shall be made for the purpose of enforcing any forfeiture, the collector or other person causing such seizure to be made, shall, in like manner, immediately give information thereof to the solicitor of the treasury.
Sec. 5. And be it further enacted, That the said solicitor shall have Instructions power to instruct the district attorneys, marshals, and clerks of the circuit of attorneys, and district courts of the United States, in all matters and proceedings, clerks.
marshals, and appertaining to suits in which the United States is a party, or interested, and cause them or either of them, to report to him from time to time, any information he may require in relation to the same.
Sec. 6. And be it further enacted, That all moneys recovered or col Report of molected by the solicitor of the treasury, or under his direction, shall be neys recovered. reported by him to the officer from whom the bond or other evidence of debt was received, and proper credit be given therefor; and he shall report in like manner all credits allowed by due course of law, on any suits under his direction.
Sec. 7. And be it further enacted, That it shall be the duty of the Rules for the solicitor of the treasury, with the approbation of the Secretary of the government of Treasury, to establish such rules and regulations, not inconsistent with law,
collectors, &c. for the observance of collectors, district attorneys, and marshals respecting suits in which the United States are parties, as may be deemed necessary for the just responsibility of those officers, and the prompt collection of all revenues and debts due and accruing to the United States. Sec. 3. And be it further enacted, That it shall be the duty of the
Accounts of solicitor of the treasury to obtain from the several district attorneys of
suits. the United States, full and accurate accounts of all causes and actions pending in the courts of the United States, in which the United States shall be plaintiffs, on the fourth day of July next; and shall cause an