12 June 1840. trict or state shall be completed, the surveyor-general thereof shall be required to deliver And office of sur- Over to the secretary of state of the respective states, including such surveys, or such veyor-general to other officer as may be authorized to receive them, all the field notes, maps, records and other papers, appertaining to land titles within the same; and the office of surveyorgeneral, in every such district, shall thereafter cease and be discontinued.

cease.

Ibid. 22.

to be discontinued.

34. Whenever the quantity of public land remaining unsold in any land district shall When land offices be reduced to a number of acres less than one hundred thousand, it shall be the duty of the secretary of the treasury to discontinue the land office of such district; (a) and if any land in any such district, shall remain unsold at the time of the discontinuance of a land office, the same shall be subject to sale at some one of the existing land offices most convenient to the district in which the land office shall have been discontinued, of which the secretary of the treasury shall give notice.

4 Sept. 1841 7. 5 Stat. 455.

be continued at

35. The secretary of the treasury may continue any land district in which is situated the seat of government of any one of the states, and may continue the land office in Land offices may such district, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when, in his opinion, such continuance may be required by public convenience, or in order to close the land system in such state at a convenient point, under the provisions of the act on that subject, approved 12th June 1840.

seat of state

government.

22 Jan. 1853

10 Stat. 152.

When surveys, &c., to be de

livered over to the states.

Powers of surveyor-general

1.

devolved on commissioner.

Ibid. § 2. Such surveys,

36. In all cases where, as provided in the first section of the act entitled "An act for the discontinuance of the office of surveyor-general in the several districts, so soon as the surveys therein can be completed, for abolishing land offices under certain circumstances, and for other purposes," approved the 12th of June 1840, the field notes, maps, records and other papers appertaining to land titles in any state, shall have been, ›r shall be turned over to the authorities of such state; and the same authority, powers and duties in relation to the survey, re-survey or subdivision of the lands therein, and all matters and things connected therewith, as previously exercised by the surveyor-general, whose district included such state, shall be, and they are hereby vested in, and devolved upon the commissioner of the general land office.

37. Under the authority and direction of the commissioner of the general land office, any deputy surveyor, or other agent of the United States, shall have free access to any &c., to be accessi- such field notes, maps, records and other papers, for the purpose of taking extracts therefrom or making copies thereof without charge of any kind.

ble to officers.

Ibid. 3.

States to provide for keeping of land records.

10 Stat. 194.

38. The field notes, maps, records and other papers mentioned in the first section of the act to which this is an amendment, shall in no case hereafter be turned over to the authorities of any state, until such state shall have provided by law for the reception and safe keeping of the same as public records, and for the allowance of free access to the same by the authorities of the United States, as herein provided.

3 March 1853 1. 39. Whenever the cost of collecting the revenue from the sales of the public lands in any United States land district shall be as much as one-third of the whole amount of revenue collected in such district, it shall and may be lawful for the president of the United States, if, in his opinion, not incompatible with the public interest, to discontinue joining districts. the land office in such district, and to annex the said district to some other adjoining land district or districts of the United States.

When land districts may be annexed to ad

3 March 1853 2 1. 10 Stat. 244.

President may change location.

11 Feb. 1805 & 2. 2 Stat. 313.

40. That the president be, and he is hereby, authorized to change the location of the land offices in the several land districts established by law, and to establish the same from time to time at such point in the district as he may deem expedient.

B. DISPOSAL OF THE PUBLIC LANDS.

I. SURVEYS OF PUBLIC LANDS.

41. The boundaries and contents of the several sections, half-sections, and quartersections of the public lands of the United States, shall be ascertained in conformity with How lands to be the following principles, any act or acts to the contrary notwithstanding: (b)

surveyed.

Corners, how established.

Boundary lines.

1st. All the corners marked in the surveys, returned by the surveyor-general, or by the surveyor of the land south of the state of Tennessee, respectively, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half and quarter sections, not marked on the said sur veys, shall be placed as nearly as possible equidistant from those two corners which stand on the same line.

2d. The boundary lines, actually run and marked in the surveys returned by the sur veyor-general, or by the surveyor of the land south of the state of Tennessee, respect ively, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines, as returned by either of the

(a) See 7 Opin. 418, as to the office at Vincennes. And infra, (b) The act of the surveyor-general in making a diferent divi

811.

sion, from that prescribed, is void; and, in such case, the register cannot lawfully sell the land. Brown's Lessee v. Clements, 3 Iow. 650.

surveyors aforesaid, shall be held and considered as the true length thereof. And the 11 Feb. 1805. boundary lines, which shall not have been actually run, and marked as aforesaid, shall be ascertained, by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships, where no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the established corners, due north and south, or east and west lines, as the case may be, to the watercourse, Indian boundary line or other external boundary of such fractional township.

3d. Each section, or subdivision of section, the contents whereof shall have been, or Contents of se Ly virtue of the first section of this act, shall be returned by the surveyor-general, or tions, &c. by the surveyor of the public lands south of the state of Tennessee, respectively, shall be held and considered as containing the exact quantity, expressed in such return or returns; and the half-sections and quarter-sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half or the onefourth part respectively, of the returned contents of the section of which they make part.

4 Stat. 34.

42. Whenever, in the opinion of the president of the United States, a departure from 24 May 1824 ¿ L. the ordinary mode of surveying land on any river, lake, bayou or watercourse, would promote the public interest, he may direct the surveyor-general, in whose district such How lands on rivers, &c., may land is situated, and where the change is intended to be made, under such rules and regu- be surveyed. lations 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 watercourse, and running back the depth of forty acres; which tracts of lands, 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.

4 Stat. 417.

obstructing sur

veys.

43. Any person who shall hereafter, in any manner, by threats or force, interrupt, 29 May 1830 8 L. hinder or prevent, the surveying of the public lands of the United States, or of any private land claim, which has, or may be confirmed by the United States, or the authority Punishment for thereof, by the persons authorized to survey the same, in conformity with the instructions of the commissioner of the general land office, or the principal surveyors in any of the districts, in any state or territory, shall be considered and adjudged to be guilty of a misdemeanor, and upon conviction in any district or circuit court of the United States, in any state or territory having jurisdiction of the same, shall be fined a sum not less than fifty dollars, nor more than three thousand dollars, and be imprisoned for a period of time not less than one nor more than three years.

Ibid. & 2.

tect surveyors.

44. Whenever the president of the United States shall be satisfied that forcible opposition has been offered, or will likely be offered, to any surveyor or deputy surveyor, or Marshal may be assistant surveyor, in the discharge of his or their duties, in surveying the public lands directed to proof the United States, it shall and may be lawful for the president to order the marshal of the state or district, by himself or deputy, to attend such surveyor, deputy or assistant surveyor, with sufficient force to protect such officer in the execution of his duty as surveyor, and to remove force, should any be offered.

II. SURVEYORS-GENERAL.

3 Stat. 697.

45. Every surveyor-general, commissioned by the authority of the United States, shall, 7 May 1822 1. before entering on the duties of his office, and every surveyor-general now in commission, shall, on or before the thirtieth day of September next, execute and deliver, to the To give bonds. secretary of the treasury of the United States, a bond, with good and sufficient security, (a) for the penal sum of thirty thousand dollars, (b) conditioned for the faithful disbursement, according to law, of all public money placed in his hands for disbursement, and for the faithful performance of the duties of his office. (c)

Ibid. 22.

46. The commission of every surveyor-general, hereafter commissioned by the authority of the United States, shall cease and expire, unless sooner vacated by death, resig- Term of office. nation or removal from office, in four years from the date of the commission.

47. The president of the United States shall, and he is hereby authorized, whenever Ibid. 2 3. he may deem it expedient, require any surveyor-general of the United States to give when new bonda new bond and additional security, under the direction of the secretary of the treasury, may be required. for the faithful disbursement, according to law, of all money placed in his hands for dis

bursement.

48. That the surveyor-general of Ohio, Indiana and Michigan, be authorized to em- 9 May 1836 3 1. ploy two clerks at a sum not exceeding twenty-three hundred dollars, and that he be allowed the further sum of four thousand dollars for additional clerk hire.

(a) Sureties are not liable for past defaults, unless made so in express terms. Farrar v. United States, 5 Pot. 373.

(b)Against sureties in an official bond, judgment cannot be rendered beyond the penalty, to be discharged on payment of what is actually due. Farrar v. United States, 5 Pet. 373.

5 Stat. 26. Allowance for clerk hire.

(c) The bond is valid, although one part of the statutory con dition be omitted. Farrar v. United States, 5 Pet. 373. United States v. Bradley, 10 Ibid. 363.

9 May 1836.

8 Aug. 1846 2 1. 9 Stat. 79.

Salaries and clerk hire.

Ibid. 2.

That the surveyor-general of Illinois and Missouri be authorized to employ clerks at a sum not exceeding three thousand eight hundred and twenty dollars.

That the surveyor-general of Arkansas be allowed the sum of two thousand eight hundred dollars, for clerk hire in his office.

That the surveyor of Louisiana be allowed the sum of twenty-five hundred dollars for clerk hire in his office

That the surveyor-general of Mississippi be allowed the sum of five thousand dollars for clerk hire in his office.

That the surveyor-general of Alabama be allowed the sum of two thousand dollars for clerk hire in his office.

That the surveyor-general of Florida be allowed the sum of three thousand five hundred dollars for clerks in his office.

sas,

49. The surveyor-general of Wisconsin and Iowa, and the surveyor-general of Arkanshall each receive the same annual salary as the other surveyors-general of the public lands of the United States ;(a) and each of said surveyors-general shall be allowed the same amount for clerk hire in their respective offices as is now allowed by law for the office of the surveyor-general north-west of the Ohio.(b)

50. The surveyors-general of the public lands of the United States, in addition to the Oath of deputies, oath now authorized by law to be administered to deputies on their appointment to office, shall require each of their deputies, on the return of his surveys, to take and subscribe an oath or affirmation that those surveys have been faithfully and correctly executed, False swearing to according to law and the instructions of the surveyor-general; and, on satisfactory evibe perjury. dence being presented to any court of competent jurisdiction that such surveys, or any part thereof, had not been thus executed, the deputy making such false oath or affirmation shall be deemed guilty of perjury, and shall suffer all the pains and penalties Suits on bonds. attached to that offence; and the district attorney of the United States for the time being, in whose district any such false, erroneous or fraudulent surveys shall have been executed, shall, upon the application of the proper surveyor-general, immediately institute suit upon the bond of such deputy; and the institution of such suit shall act as a lien upon any property owned or held by such deputy or his sureties, at the time such suit was instituted.

Lion.

20 April 1818 31. 3 Stat. 466.

receivers.

III. REGISTERS AND RECEIVERS.

51. Instead of the compensation now allowed by law to the receivers of public moneys for the lands of the United States, they shall receive an annual salary of five hundred Compensation of dollars each, and a commission of one per centum on the moneys received, (c) as a compensation for clerk hire,(d) receiving, safe-keeping and transmitting such moneys to the treasury of the United States: Provided always, That the whole amount which any receiver of public moneys shall receive under the provisions of this act, shall not exceed, for any one year, the sum of three thousand dollars.

Ibid. 2.

registers.

52. Instead of the compensation now allowed by law, to the registers of the land Compensation of offices, they shall receive an annual salary of five hundred dollars each, and a commission of one per centum on all the moneys expressed in the receipts by them filed and entered, and of which they shall have transmitted an account to the secretary of the treasury: Protided always, That the whole amount which any register of the land offices shall receive, under the provisions of this act, shall not exceed, for any one year, the sum of three thousand dollars.

15 May 1820

3 Stat. 582.

Term of office.

Ibid. 23.

1.

Amount of bonds

53. All district attorneys, collectors of the customs, naval officers and surveyors of the customs, navy agents, receivers of public moneys for lands, registers of the land offices, paymasters in the army, [the apothecary-general, the assistant apothecariesgeneral,] and the commissary general of purchases, to be appointed under the laws of the United States, shall be appointed for the term of four years, (e) but shall be remo vable from office at pleasure.

54. It shall be lawful for the president of the United States, and he is hereby authorized, from time to time as in his opinion the interest of the United States may require, may be increased. to regulate and increase the sums for which the bonds required, or which may be required by the laws of the United States, to be given by the said officers, and by all other officers employed in the disbursement of the public moneys under the direction of the war or navy departments, shall be given; and all bonds given in conformity with such regulations shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same. 55. The commissions of all officers employed in levying or collecting the public reve

Ibid. 24.

(a) See infra, 233. (b) See supra, 48.

(c) This per centum cannot be graduated, as an annual salary, to be paid quarterly. The receiver is entitled to his commissions on moneys received, though he resign, or is removed from office, at the termination of the first six months of the year. United States v. Dickson, 15 Pet. 141. United States r. McCarty, 1 McLean, 806. United States v. Edwards, Ibid. 167.

(d) The clerk hire is a charge on the commissioners, and cannot be allowed in an extra charge by the department. 4 Opin. 467, 472. But see infra, 61.

(e) The holding, under each term of four years, is as separate and distinct, so far as concerns the sureties on the official bond, as if the office, during these different terms, verễ held by different persons. United States v. Eckford's Exceumors, 1 How. 250.

nue shall be made out and recorded in the treasury department, and the seal of the said 15 May 1820. department affixed thereto, any law to the contrary notwithstanding: Provided, That Commissions, the said seal shall not be affixed to any such commission before the same shall have where recorded. been signed by the president of the United States.

4 Stat. 193.

56. It shall be lawful for the secretary of the treasury to allow to the several receivers 22 May 1826 § 1. of public moneys, in the several land offices, a reasonable compensation for transporting to, and depositing such moneys in, any bank or other place of deposit, that may, from Allowance for time to time, be designated by the secretary of the treasury for that purpose; which public moneys. compensation shall be regulated according to the actual labor, expense and risk of such transportation and deposit, to the place of deposit, and returning therefrom.

transporting

5 Stat. 111.

57. The receivers of the land offices shall make to the secretary of the treasury 4 July 1836 & 9. monthly returns of the moneys received in their several offices, and pay over such money pursuant to his instructions. And they shall also make to the commissioner of Receivers to make monthly the general land office, like monthly returns, and transmit to him quarterly accounts returns. current of the debits and credits of their several offices with the United States.

formation by

58. If any person shall apply to any register of any land office to enter any land Ibid. 13. whatever, and the said register shall knowingly and falsely inform the person so apply- Penalty for giving that the same has already been entered, and refuse to permit the person so applying ing of false into enter the same, such register shall be liable therefor to the person so applying for five registers. dollars for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount.

5 Stat. 384.

nister oaths.

59. The register or receiver of any of the land offices of the United States shall be 12 June 1840 § L. authorized, and it shall be the duty of said officers, to administer any oath or oaths, which now are or hereafter may be required by law, in connexion with the entry or Power to admipurchase of any tract of land; and, if any person shall, knowingly and wilfully, swear falsely to any fact contained in any oath or affidavit so taken or made, he or she shall be False swearing to be perjury. deemed and held guilty of perjury, and shall, on conviction, suffer all the pains, penalties and disabilities which attach to said crime in other cases of perjury under the laws of the United States: Provided, That such land officers shall not, directly or indirectly, No fees for oaths. charge or receive any compensation for administering such oaths.

10 Stat. 635.

60. Each register of a land office and receiver of public moneys shall receive the same 3 March 1855 § 1. amount of pay for each and every entry of land made under the act, entitled “An act to graduate and reduce the price of the public lands to actual settlers and cultivators, Fees under graduation law. approved August 4th 1854," as such officer is by law entitled to receive for similar entries of land at the minimum price of one dollar and twenty-five cents per acre: Provided, That the whole amount received per year shall in no case exceed the limitation fixed by existing laws.

61. That in the settlement of the accounts of registers and receivers of the public 18 Aug. 1850 7 land offices, the secretary of the interior be and he is hereby authorized to allow, subject

11 Stat. 91.

to the approval of congress, such reasonable compensation for additional clerical Extra allowances. services and extraordinary expenses incident to said offices, as he shall think just and proper, and report to congress all such cases of allowance at each succeeding session, with estimates of the sum or sums required to pay the same.

IV. PRE-EMPTION RIGHTS.

4 Stat. 50,

62. That there be granted to the several counties or parishes of each state and territory 26 May 1824 2 1. of the United States, where there are public lands, at the minimum price for which public lands of the United States are sold, the right of pre-emption to one quarter-section of For county seats. land, in each of the counties or parishes of said states and territories, in trust for said counties or parishes, respectively, for the establishment of seats of justice therein: Provided, The proceeds of the sale of each of said quarter-sections shall be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting therefrom the amount originally paid for the same: And provided further, To be fixed preThat the seat of justice for said counties or parishes, respectively, shall be fixed pre-viously to sale of adjoining lands. viously to a sale of the adjoining lands within the county or parish for which the same is located.

Ibid. 2.

63. That so much of such acts, heretofore passed, granting to states rights of preemption, for county or parish purposes, as require said seats of justice to be continued at or near the centre of each of said counties or parishes, be, and the same is hereby, repealed. 64. That every settler or occupant of the public lands, (a) prior to the passage of this 29 May 1830? L. act, who is now in possession, and cultivated any part thereof (b) in the year 1829, shall be, and he is hereby authorized to enter, with the register of the land office, for the

(a) Aliens may be entitled to pre-emption, under this act, especially where the local law authorizes them to hold real estate. 8 Opin. 90. So may officers of the United States. United States v. Fitzgerald, 15 Pet. 407. 3 Opin. 303. But not registers and receivers within their own districts. 7 Ibid. 647.

(b) By the terms settlers and occupants, used in the pre-emption

4 Stat. 420.

acts, is meant those who personally cultivate and reside on, or who personally cultivate, use and manage the public lands, Actual residence on the land is not indispensable, yet, with culti vation, it is the highest evidence of the personal connexion which is indispensable. 3 Opin. 182. See Ibid. 309, 313.

29 May 1830.

Each settler may

enter a quarter

district in which such lands may lie, by legal subdivisions, any number of acres, not more than one hundred and sixty, or a quarter-section, (a) to include his improvement, upon paying to the United States the then minimum price of said land:(b) Provided however, That no entry or sale of any land shall be made, under the provisions of this Except reserved act, which shall have been reserved for the use of the United States, or either of the several states, in which any of the public lands may be situated.

section.

lands.

Ibid. 2 2. When to be

65. If two or more persons be settled upon the same quarter-section, the same may be divided between the two first actual settlers, if, by a north and south, or east and west divided between line, the settlement or improvement of each can be included in a half-quarter-section; and in such case the said settlers shall each be entitled to a pre-emption of eighty acres of land elsewhere in said land district, so as not to interfere with other settlers having a right of preference. (c)

settlers.

Ibid. § 3. Proof of settle

66. Prior to any entries being made under the privileges given by this act, proof of settlement or improvement shall be made, (d) to the satisfaction of the register and ment, how made. receiver of the land district in which such lands may lie,(e) agreeably to the rules to be prescribed by the commissioner of the general land office for that purpose; (g) which register and receiver shall each be entitled to receive fifty cents for his services therein. Assignments to And all assignments and transfers of the right of pre-emption given by this act, prior to the issuance of patents, shall be null and void.

Fees.

be void.

Ibid 4.

Public sales not to be delayed.

before sale.

67. This act shall not delay the sale of any of the public lands of the United States, beyond the time which has been, or may be, appointed, for that purpose, by the president's proclamation; nor shall any of the provisions of this act be available to any perProof to be made son or persons, who shall fail to make the proof and payment required before the dav appointed for the commencement of the sales of lands including the tract or tracts, on Not to extend to which the right of pre-emption is claimed ;(h) nor shall the right of pre-emption, contemplated by this act, extend to any land, which is reserved from sale by act of congress or by order of the president, or which may have been appropriated, for any purpose whatsoever.(i)

reserved lands.

Ibid. 25.

23 Jan. 1832 1. 4 Stat. 496.

issue to assignees.

14 July 1832 1. 4 Stat. 603.

Further time

allowed in cer

68. This act shall be and remain in force for one year from and after its passage.(k) 69. All persons who have purchased under an act entitled "An act to grant pre-emp tion rights to settlers on the public lands," approved the 29th of May 1830, may assign When patents to and transfer their certificates of purchase, or final receipts, and patents may issue in the name of such assignee, anything in the act aforesaid to the contrary notwithstanding.(l) 70. All the occupants and settlers upon the public lands of the United States, who are entitled to a pre-emption according to the provisions of the act of congress, approved the 29th day of May 1830, (m) and who have not been, or shall not be, enabled to make proof and enter the same within the time limited in said act, in consequence of the public surveys not having been made and returned, or where the land was not attached to any land district, or where the same has been reserved from sale on account of a disputed boundary between any state and territory; the said occupants shall be permitted to enter the said lands on the same conditions, in every respect, as are prescribed in said act, within one year after the surveys are made, or the land attached to a land district, or the boundary line established; and, if the said lands shall be proclaimed for sale before the expiration of one year as aforesaid, then they shall be entered before the sale thereof.

tain cases.

Ibid. § 2.

71. The occupants upon fractions shall be permitted in like manner, to enter the same, so as not to exceed in quantity one quarter-section; and, if the fractions exceed a quarter

(a) Lands relinquished and reverted are not subject to pre-emption, under this act. 2 Opin. 367.

(b) Where settlers have made improvements on more than one tract of public land, and have leased such improvements, and obtained a right of pre-emption to one quarter-section themselves, the lessees on any other tract so improved are not entitled to the pre-emption. 2 Opin. 383. The pre-emption right is limited to the fractional quarter-section on which the improvements are made, and does not extend to adjoining fractions not exceeding 160 acres. Lytle v. Arkansas, 9 How. 314. And see Brown's Lessees v. Clements, 3 Ibid. 650. 4 Opin. 637.

(See Downes r. Scott, 4 How. 500. 2 Opin. 368. 3 Ibid. 313. 41bid 637. These rights of pre-emption of eighty acres elsewhere, are usually called floating rights.

(d) By this is meant legal evidence from competent sources. 3 Opin. 126.

(e) The register and receiver were hereby constituted a tribunal to decide on the validity and extent of such pre-emption rights, and their decision can be impeached only by evidence of fraud. Lytle v. Arkansas, 9 How. 314. 3 Opin. 93. But, if they undertake to grant land, which congress have declared shall not be granted, their act is void. Wilcox v. Jackson, 13 Pet. 498.

(g) The commissioner may prescribe the mode and kind of proof— how and by whom it should be taken; but cannot prescribe anything as proof which is not such in fact, nor any rule as to its weight and force; nor can he require competent proof to be coroborated. 3 Opin. 126

(h) A failure to pay for a pre-emption before a public sale of the

lands in which it is situated, forfeits the right, and consequently, the right to select 80 acres elsewhere; it may be saved, however, by a tender of payment in due time. 3 Opin. 211.

(i) Whenever a tract of land has been appropriated to the pub lic use. it is severed from the mass of the public domain, and subsequent laws of sale are not construed to embrace it, though they do not in terms except it. Wilcox v. Jackson, 13 Pet. 498. 3 Opin. 456. But no reservation, or appropriation of a tract of land, can be made, after a citizen has acquired a right to it, under a pre-emption law. United States v. Fitzgerald, 15 Pet. 407. 8 Opin. 360. These pre-emption grants give to the pre-emptioner a jus ad rem, but not a jus in re; and such a right, resting in con tract, cannot always be carried out by specific performance, which cannot be decreed against a sovereignty, not suable without its consent. 4 Opin. 23.

(k) See infra, 70, 73, 76, 82.

(1) The assignee of a pre-emption certificate takes it subject to the equities subsisting between the settler and the United States. 3 Opin. 91. Where an assignee in blank of the floating right of pre-emption to a specific quantity of land, is in conflict with an assignee of the same right which has been actually located, and the commissioner of the general land office is satisfied that the assignment in blank is not clearly fraudulent, he ought to is-ue the patent to the original pre-emption, leaving the conflicting claims to be settled by courts of justice. Ibid. 608.

(m) This is an amendment of the act of 1830, (supra, 64-8), and to be deemed a part thereof; and was revived therewith by act 19 June 1834, (infra, 73). 3 Opin. 195.